HomeMy WebLinkAbout1934-12-0791
BOARD OF APPEALS MEETING
DECEMBER 7TH, 1934.
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8 P.M. Messrs.
Maddison, Glynn, Ferguson and Robbins were present. The
Secretary was also present. On account of an emergency which
arose in the family, Mr. Kimball was not able to attend the
meeting and it was too late to send for an Associate Member,
of the Board of Appeals.
Hearing was declared open on the application of John E.
Harrington of the Castle Club of Gardner, Mass., for permission
to maintain a club for members and their guests at the Cary
House owned by Charles W. Ryder and to maintain a Neon sign.
Mr. John Lamont was present representing Mr. Ryder and
stated that since the club had been closed they had tried to
get a tenant and could not do so. They had several applications
for clubs there and when Mr. Harrington came along from
Westminster and wanted a chance to move into Lexington, he
desired to rent the club. Mr. Lamont did not know of
anything that the place could be used for to be rented to
pay the taxes and there seemed to be no other way to get any
income out of it. He stated that Mr. Harrington enjoyed a
' very good reputation in Westminster and Gardner, Mass. and
presented a letter which was signed by the Chairman of the
Board of Selectmen of Westminster regretting the loss of
Mr. Harrington from that town where he operated the Westminster
Tavern for the past five years and improved the property inside
and out and ran a respectable first class place. Mr. Lamont
felt that Mr. Harrington intended to run a good place and it
would be better to have it run in that way than to have some
other things there that there would be no control over.
Mr. Harrington stated that he did not know just what the
opposition was but his intention was to run a high grade place
and he brought one letter to show the type of place that he
ran and he felt sure that they would find in a short space
of time that he would operate a good place. The Castle Club
was the name of the place that he had and he would still call
this place the same name. The place in Gardner, Mass. was
formerly the Haywood Mansion, 500 feet above sea level and
was called the Castle Club. They have a list of 100 active
members and they pay annual dues. They have an initiation
fee of $25.00 and they buy a share of stock costing $10.
and they pay $10.00 per year dues. The club would be used
for only members and their guests. They started, --to run a
public place and had to shut down as it was not successful
and they desired to run a club of this kind so that they can
' refuse people that they do not want. During prohibition
they never sold a drop of liquor. Now that prohibition is
over they would sell liquor under a license as a part of the
92
operation of the club. They closed the Westminster Tavern
and opened the Castle Club at Gardner and they were granted
the first license that was granted for -the sale of liquor.
;
Mr. Harrington stated that at one time he operated the Dan-
forth Farm County Club and that he would no*. -like to get
nearer Boston. He acted in the capacity of president of
the club which had a large following of the better class
of people. They did not, however, want to go into the city
of Boston. He also stated that those that belonged now
in Gardner would attend the club here in Lexington and the
matter had been taken up and ,gone into very thoroughly with
the Board of Directors appointed by all the members. The
club was actually a social club. He had been with the club
ever since they were inaugurated. The club has never been
a paying club but has been more of a gathering place.and a
good dining place.
The letter from the Chairman of the Board of Selectmen
of Westminster was read by the Chairman of the Board of Appeals.
Mr. Neil McIntosh stated that he owns some property in
this vicinity and that he did own the Cary House which had
been a white elephant since it was bought in 1924. In
1926 he sold it to a Mrs. Gavin who attempted to run it as
an Inn and she did not make it pay. He did not know of
anything that would be put in there that would make it pay
unless it was something privately operated. He called
attention to the replacement value of the very expensive '
building which he thought would be about $80,000, and he
felt that a proposition such as Mr. Harrington had to
offer would be the only way by which the building could be
operated as a paying proposition.
Miss Anna Hannaford stated that and was a charter member
of a club in Cambridge that met at the Cary House in the
past and they were very anxious to be able to go there again
and she saw no reason why Mr. Ryder should hot be allowdd the
privilege of having a license for this purpose so that he
could pay his taxes.
Mrs. Goodrich of 248 Lincoln Street stated that she
had quite a few dealings with Mr. Ryder and she felt that
if he has anything to do with the club that it would be run
as a very good place and she was in favor of having a
place where club ladies could have a meeting and felt
it would be run in very high class order.
No other persons appeared in favor of the application.
Mr. Robert Boleyn of Shade Street presented a petition
signed by forty-five persons who were opposed and protested
the variation of the Zoning Law to allow a club to be
operated at the Cary House on Cary Avenue and also to the '
placing of a Neon sign on the premises.
93
He read a section of the report of the Planning Board
from the Annual Town Report which called attention to the
persons from other localities acquiring property in Lexington
with the expectationthat business will be permitted thereon and
that the Planning Board were convinced that the citizens of
Lexington will not tolerate an increase in petty business
activities outside regularly established business districts.
He felt that this application came in the category of the
places mentioned in the report of the Planning Board. He
presented photostatic copies of newspaper clippings showing
where the State troopers raided the Middlesex Motor Club in
Lexington which had liquor valued at more than $1000. and a
gambling set-up that was even more elaborate than that of
the Casa Madrid on Cape Cod. Be stated that he was not anxious
to have a place of that kind in his back yard as his house is
very near the club.
Mr. Pippette of Shade Btreet stated that he felt he should
mention the fact that the people in that section were not
narrow inasmuch as when Mr. Brown asked for a riding stable
on the Kelsey Ranch they were willing that he be allowed a
permit as it was felt that this would not disturb the
neighborhood, but he was not in favor of having anymore
annoyance from a club.
Harriet Crozier of Middle Street stated that she agreed
with Mr. Boleyn that the people that operated the club made a
public nutaance to the driveways adjoining the club. They
used her street as a parking place from two to three o'clock
' in the morning and small children coming out in the daytime
find things -they should not know anything about -and they
moved out from Boston to have the children brought up in a
neighborhood where there were no clubs and she felt it would
be an outrage to allow another club to be located there.
Mrs. Lillian Fawcett of Marrett Road read a paper she had
prepared in regard to the character of the neighborhood which
was entirely for homes and tc bring up their children in the
proper environment and they desired to keep the place a
desirable community and asked that the Board cooperate with
them in doing so. She called attention to the fact that
the sections on Hancock Street and Meriam Street are protected
and that the people in that section were just as anxious to
have their property protected. She also agreed with Mr. Bo7-eyn
that the people in that section already have suffered much
from the operation of clubs.
Mr. Gramstorff of 528 Middle Street stated that he was
against any club and that he'had the same sentiments as the
previous speakers.
Mrs. Fawcett called attention to the fact that they
were also objecting to the Neon sign, especially if it
would be illuminated.
Mrs. Jane Boleyn raised a serious objection on account
of her back yard being next to the club and she had two
' small children. During the time the Middlesex Motor Club
was there her children would find whiskey bottles and spill
the contents•on all their clothes causing her a lot of extra
work cleaning up the children which was a very unpleasant
experience to her as she was opposed to liquor. She also
called attention to the f9ct that opening up the new road,
Concord Avenue, she felt that there would be ILore traffic
on the street and as the street was narrow and there were
no sidewalks to protect the children everyone would have to
use the travelled way and there would be more danger from
cars. She stated that she had no doubt but what Mr. Harrington
would run the place all right but it was just the idea of having
liquor next to their place. When they bought the place in
1927 they bought it under an agreement whicrl she read that
there would be no business allowed in that section. She
felt that they had one of the best developed streets in
the recent developments in Lexington and she also felt that
out of respect to the Cary family who did a lot for the town,
she felt that they would not approve of having a bar room in
their residence. Although these things may be far-reaching,
she felt that they should be taken into consideration.
Mr. Stimpson of Cary Avenue stated.that he was one of
the close abuttors and the place was about 400 yards away
from him and he objected strenuously and agreed with what
Mr. Boleyn said.
Mr. Boleyn called attention to the fact that in all the
applications for the use of this club there has not been one"
man who came from the Town of Lexington who has made
application.
Mrs. Fawcett called attention to the fact that when
Mr. Ryder bought this property she felt he had some idea of
business conditions and while all persons iiave suffered
from business conditions they have not applied to the Town
to help them in their ventures, and while this property may
be a loss to him there are also many other families who have
suffered losses from business experiences.
Mr. DeLesdernier of 39 Cary Avenue voiced opposition to
the club. He stated that he did not want to go through the
same experiences that they have already hada
Mrs. Goodrich brought up that the persons who were annoyed
by parkers in front of their houses until two and three
otclock in the morning had a right to call the Police and
she would do so if she had been annoyed.
She was informed that the people in that vicinity called
the Police several times.
Mr. Harrington stated that of course all of the
objection was foreign to him. He had hot known what had
gone on before. He stated, however, back in 1923 he had,
considered buying the property for the same purpose. He did
not know what the feeling was against the club and he did not
conduct a place like what was referred to. However, he did
not want to come to Lexington if there was any feeling on the
part of the neighbors as he wanted to be friendly and
neighborly. He had a clean family of his own that would
live at the place and make it their home.
The hearing was declared closed.
1
Letter was received from J. Pollard Hayden in which he
opposed the operation of the club on past experiences with
' clubs in that location.
The Board in private session, gave consideration to the
matter and voted to deny the petition in the following form:
The Board of Appeals, acting under General Laws Chapter
40, sec. 27, having received a written petition addressed
to it by The Castle Club, Inc.,, John E. Harrington, Pres.,
a copy of which is hereto annexed, held a public hearing
thereon of which notice was mailed to the petitioner and to
the owners of all property deemed by the Board to be gffQcted
thereby as they appear on the most recent local tax list, and
also advertised in the Lexington Minute -Man, a newspaper
published in Lexington, which hearing was held in the
Selectmen's Room, in the Town Office Building, on December 7,.
1934 at 8:00 P.M.
A majority of the members of the Board of Appeals were
present at the hearing. A certificate of notice is hereto
annexed. At this hearing evidence was offered on behalf of
th= petitioner tending to show: that Mr. Ryder was unable
to obtain any income from the property and that Mr. Harrington
had made an application to Mr. Ryder to rent the premises on
behalf of the Castle Club, a club chartered under the
Massachusetts Laws, with an entrance fee for members of
' $25.00 and annual dues of $10.00. There is also a provision
for voting members who hold stock of the Club. The Club
now had a location at Gardner, Mass._ and had formerly been
located in Westminster, Mass; that no one other than members
and their guests would be entitled to the use of the facilities
of the club; that they propose to use the property as a dining
and social clubhouse serving food and liquor.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show that they had
purchased homes in the neighborhood with the idea that it
would be maintained as a strictly residential district;
that they had been greatly annoyed when the property had formerly
been occupied by clubs from automobiles leaving the premises
late at night; that Cary Avenue and'Shade Street are narrow
streets without sidewalks and would be more dangerous with
many automobiles leaving the club at night. There was also
objection raised to permitting the sale of liquor in a
district of so many homes and so many children, and to the erection
of a Neon sign.
At the close of the hearing the Board in private session
gave consideration to the subject of the petition and voted
unanimously in favor of the following findings:
1. That in its judgment the public convenience and
' welfare will not be substantially served by the making of
the exception requested.
96
�c
2. That the exception requested will tend to impair
the status of the neighborhood. ,
3. That the exception requested will not be in harmony
with the general purposes and intent of the regulations in
the Lexington Zoning By-law.
4. That the enforcement of the Lexington Zoning By-law
as to the locus in question would not involve practical
difficulty and unnecessary, hardship and the relief requested
may not be granted without substantial detriment to the public
good and without substantially derogating from the intent and
purpose of such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby denies
the said petition of the Castle Club, Inc., John E. Harrington,
Pres., Gardner, Mass.
The Board hereby makes a detailed record of all its
proceedings relative to such petition and hereby sets forth
that the reasons for its decision are its findings hereinbefore
set forth and the testimony presented at the said hearing,
including that herein summarized, and directs that this record
immediately following this decieion shall be filed in the
office of the Town Clerk of Lexington and shall be a public
record and tliat notice of this decision shall be mailed
forthwith to each party in interest. ,
BOARD OF "APPEALS OF LEXIINGTON
(Appointed under G.L. Ch. 40, sec. 27)
A. N. Maddison
Edward W. Kimball
Charles E. Ferguson
Howard W. Robbins
C. Edward Glynn
I, Howard W. Robbins, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40,
Sedtion 27, hereby certify that I sent by postage certificate
of mailing on the 21st day of November, 1934, to William R.
& Mabel M. Vose, Harriett F. Crozier, Effie S. Lyon, Gandolfa
Andolina, Andrew 0. & Abbie L. Bickford, Roland H. MacCRllum,
John E. & Alice M. Chism, Raymond L. & Anna S. White, John J.
Scannell, Carl Victor Olson, Frank A. & Mary Napoli, Dolores
McInnis, Edward C. & Helena T. Maguire, Elisa Lamont, Maude
M. Kelly, Johann C. E. & Christine A. Gramstorif, William P.
Eyler, Raymond C. Deal, Ernest P. Crozier, Arthur F. Colby,
Timothy Brosnan, Pasquale Panetta, Patrick & Helen K. MacKino,
Edwin H. & Mary E. Halvorsen, Margaret R. Crocker, Anna R.
Kussian, Mary B. Thurlow, Raymond E. MacInnis, Harriet L. I
Jenks, Hugh & Sadie a. McIntosh, Edith C. Smith, Robert K.
Storey, Abbie L. McCarthy, Elmer G. Spinney, George R. &
97
November 19, 1934.
Lexington Board of Zoning Appeals
Town Office Building
Lexington Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, Secy -tion 27,
to vary the application of the Lexington Zoning By-law with
respect to the premises at Cary Ave. owned by Charles W. Ryder
of Lexington by permitting the following: The operation of
' a chartered club to serve food to Members and their guests. Also
the placing of a Neon Sign on the premises.
The Castle Club Inc.
Joan E. Harrington, Pres.
Gardner, Mass.
Helena S. Munroe, Alfred E. Remick, Samuel J. flo- Mary F. Magna,
'
John & Ella M. Jack, George R. Harlow, William E. & Edith W.
Sullivan, Nils Nilsen, Carolina A. Olson, Katherine A.
Dever and Eunice M. Maguire, Charles R. & Mary V. lieskey,
Agnes B. Carpenter, Helen M. & Clarence W. Mason, Joseph R.
Jr. and Bertha A. Lawson, Robert J. Fawcett, Louise M. Hannaford,
Josephine R. Martinage, Russell S. Bray, Charles W. & Mary
A. Fittz, Thomas J. & J^nnie Heaney, Robert P. Trask, Cutter
Realty Corporation, Waltham Co-operative Bank, Margaret M.
Merrick, Charles E. McLaughlin, Neil McIntosh, Albina M.
Marble, Heirs of Catherine F. Magurn, Richard & Electa M.
Lamb, Alexander riolmes, John P. & Martha A. Gorman,
Marie L. Baker, Bertha S. Carson, Charles 0. & Annie H.
Cheney, Katherine E. Crosby,, Kathleen M. Daley, David & Grace
Davies, Jane F. DeLesdernier, Saunderson h. Dunlop, Charles
W. & Robert L. Tyder, Trs., Lexington Estates Trust, Anna E.
& Mary J. Marshall, Lee Randall, Roy R. Rice, Jeremiah J.
Riordan, Althea L. Smith, Charles Welmar, Edwin A. & Mabel
B. Westcott, Anna K. Smith, Samuel S.
& Melena M. Barker, Robert W. & Pauline F. Cobham, Sidney
U. Robbins, Ryders Stock Farm, Inc., Jane C. Boleyn, Charles
0. Nichols, Thomas W. Baylis, George F. McLaughlin, Charles .
Hayden, Augusta M. Delander, Alice'E. Fowler, Clifton
Glidden, May Going Carrie E. Goss, Jesse B. Goss, Frank C.
6harles
& Clara B. Green, A. Holmes, John H. Hughe$, Joseph
G. & John H. Hughes, George A. Knox, Jr., Peter G. Gaudun,
Anna C. Andresen, Norman E. & Grace A. Stockhaus, Mary W.
'
Pippette, Kathrvn M. Davis, George F. & Vida L. Pearson,
Lawson W. Morris, Dennis P. & Nora A. O Brien, Thaddeus T.
& Alice C. Meehan, Cosmas V. & Elaine Cosmades, Frank S. & Genevieve
H. Fisher, John E. Harrington and also advertised in the
Lexington Minute -Brian on November 22nd, 1934, a notice of which
the following is a true copy.
Howard W. Robbins,
Clerk, Board of Appeals.
November 19, 1934.
Lexington Board of Zoning Appeals
Town Office Building
Lexington Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, Secy -tion 27,
to vary the application of the Lexington Zoning By-law with
respect to the premises at Cary Ave. owned by Charles W. Ryder
of Lexington by permitting the following: The operation of
' a chartered club to serve food to Members and their guests. Also
the placing of a Neon Sign on the premises.
The Castle Club Inc.
Joan E. Harrington, Pres.
Gardner, Mass.
98
N O T I C S
November 19, 1934. '
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law by permitting
on the premises owned by Charles 1. Ryder of Lexingtoh,
the operation of a chartered club, to serve food tc members
and their guests, also the placing of a Neon sign on the
premises at Cary Avenue, under the Lexington Zoning Law or
in accordance with Chapter 40, Section 27A of the General
Laws and amendments.
The hearing will be held on December 7, 1934 at 8:00
P.M. at the Selectmen's Room, Town Office Building, Lexington,
Mass.
Arthur N. Maddison
Chairman, Board of Appeals.
The meeting was adjourned.
A true record, Attest: '
Jerk.
1