HomeMy WebLinkAbout1936-10-30224
BOARD OF APPEALS Li'EEETING.
OCTOBER 30, 1936. '
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8;00 P.T+I.
Chairman Tti!add.ison and Messrs. Robbins, Kimball, and
Glynn were present. The Secretary was also present.
At 8:00 P.,.. hearing was declared open upon the
application of Charles W. Ryder for permission to maintain
a convalescent home at 84 Cary Avenue, Lexington.
The notice of the hearing was read by the Clerk.
Yr. Robert L. Ryder spoke in favor of the ?petition.
He stated that he had in mind trying to afford an
opportunity to use a piece of property which C.71. Ryder
owns; to put the property to some purpose which will show
some return on the investment, to enable him to pay his
interest and taxes. He felt that the property was suited
for use as a convalescent home, and that it would not be
objectionable to the neighborhood. He said that he had
heard rumors that there were objectors. Mr. Ryder has been
unable to use the property for anything on account of the
Zoning Law, and it is no longer in demand for an individual
home on account of its size. It was a lovely prigate home
and it has all the qualities today that it had then. It
is a private residence and was there before any of the
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present homes were built. Shorly after Mr. McIntosh
purchased the property (the owner previous to Ryder), it
-.Sas used for a sort of boarding house, and be believed
that under the present- Zoning Act it could be used as a
boarding house again. However, Mr. Ryder felt that that
would not be desirable, not nearly as desirable as the use
to which he :ilshes to put it nov. Mr. Ryder has someone
who is willing to go in there and lease the property. They
are respectable people, and they expect to run a high-class
convalescent home. The house is large enough for this,
and the grounds are ample.
Mr. Ryder said that he felt that his brother was
justified in asking for this permit. The Board of Assess-
ors has refused to abate the taxes which they are paying
on a 12,500. assessment, and the property, cannot be used
for any purpose at present.
The Chairman asked Mr. Ryder to furnish more inform-
ation as to the type of use the building was to be put to.
Mr. Ryder said that the1Dme was to be run by a per-
son who is a trained nurse, and who knows how to run a
home. She will have the usual patient who would want to
take advantage of a home for the aged or convalescent.
The Chairman asked if the Building vias to be used
as a sanatorium. Mr. Ryder replied in the negative, and
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said that that was not its purpose. He thought that it
would be similar to the one run by Miss Bond on Waltham
Street.
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' Mr. Glynn asked if Mr. Ryder thought that the pros-
pective tenant would be willing to come before the Board
and give more detailed information as to just what she
wanted the place for, and Mr. Ryder said he had no doubt
but that the woman would be willing to do this. He said
that the woman came from Vermont, and was stayin` with her
brother, who lives in Lexington.
The Chairman asked Mr. Ryder under which section of
the Zoning Law he thought the Board could act, and Mr.
Ryder said that he thought the Board could act under
Section 6B, under R1 Districts.
Mr. Neil McIntosh stated that he would like to know
more of the type of patients and the kind of a hospital it
would become. He would lil,e to see the fine old house
put to some use. Before he owned the property it was owned
by a Mr. Fairbanks, who raised gladioli there, and the place
was used for business from 1917 through 1925. In 1926
McIntosh sold the property to Miss Minnie Garvin, who ran
a boarding house there. Then the 'Johawk Club took the
property, and ran a business. He said that for the last
twenty years it had been unfit for a home. The house has
twenty -;'our rooms, and unless one had large means and
could keep several servants, he could not live there. He
' thought that any decent use that would not be detrimental
should be allowed. If the property vias going to be used
in a proper way, he was in favor of granting the petition.
Mr. Robert Boleyn of Shade Street stated that he had
tried to find out how far a convalescent home could go,
and found that it could be used for mental cases, d.t.'s,
or anything of that type. He said that he purchased his
home in 1927, and after he bought his property PrlcIntosh
offered the Cary Farm to him. He purchased his home on
the strength of the Zoning Laws, and said that Ryder knew
that the place was in a residential district when he
bought the place. He stated that he was utterly opposed
to the granting of the permit.
Mr. Glynn asked Mr. Boleyn if he was opposed to it
under any conditions, or if he would still oppose it if
it was properly operated. Mr. Boleyn said that he prob-
ably would not be opposed to it in that case, but that he
was prejudiced on account of past experience.
Mr. 'dilliam P. Knecht of 68 Shade Street said that he
acquired his property last April and checked up on the
Zoning Laws before he purchased. He said that he moved tc
Lexington because he wanted a home for his three children,
and living that close to an institution of that kind was
' not conducive to good living. He said that this type of
an institution_ could be changed into a psychopathic home.
He said_ that he sympathized with 1111r. Ryder, but did not
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think that the neigh'^,ors should be asked to agree to this.
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He said that he would never have moved to Lexington if
he thought that the Cary Mansion would be used for any-
thing such as this.
1,1.r. Glynn asked Pair. Knecht if he preferred to see ,
the house used for taking boarders, and he said that he
did not wish to answer this, but he did object to its
being used for a convalescent home. He said that if the
property was used as a boarding house and they were
botired, that they would have recourse. Mr. Glynn asked
Yr. Knecht if what he said was based on his belief that
the place might become a nuisance.
Mr. Knecht said that even as well-run as Danvers is
that a man escaped last Sunday, and he did not think that
the tax-payers should have to face such a rise.. 3efore
he moved here he understood that the Zoning 'Laws were
strictly -upheld.
Mr. Ryder said that if Knecht checked up on the Zoning
Laws he should have known that they allowed a convalescent
home on the property, if allowed by the Board of appeals.
tr. Knecht said that he did not check that point.
Mrs. Robert Boleyn said that she objected to the
petition because it meant a variance of the Zoning Law and
she did not want a variance in her vicinity.
Yr, Glynn_ said that he thoa ht it .could be interesting
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to hear .the objections of the other persons In the group.
tor. N. A. ijurr ill of 55 Shade Street said that he
had just moved here, and when he bought the property he
was assured that l-e was protected by Zoning Lars, and he
did not want to live so close to a sanatorium. if it was
turr_ed into a sanatorium he would feel that he would have
to rove.
The Chairman informed the group that some forty-two
persons had signed a paper in opposition to the granting
of the petition.
Mr. Andresen of 84 Shade Street stated that he lived
right opposite the Cary house, and several times when it
was being operated as a club his family was awakened in
the middle of the night. One time a car that came from
the club was smashed up in front of his house. He was not
so much opposed to the convalescent home, but was afraid
on account of his previous experience. He said that
patients would be walking around outside, and anything
such as that did not make a good impression on children.
He'signed the paper in,opposition because he felt that
the Zoning Law should not be varied.
The Chairman asked Andresen if he would still feel the '
same way if no mental or alcoholic cases were allowed. He
said that if only ill or aged people were allowed, he could
not object, as these people would be inside.
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eThe Chairman stated that this was not a petition to
change the Zoning Law, but was a petition to vary the
application of it, and that the Board of Appesls might
inflict such restrictions as it wished.
Mrs. Knecht stated that she objected to rearing her
family in the vicinity of an institution where people were
either sick, aged, or mental.
Mr. H. V. Rivinius stated that he had just bought a
house at 53 Cary Avenue, and that he objected to any change
in the Zoning Law that will permit an institution. He
thought that it would be detrimental to the raising of a
family.
Mr. S. Gaposchkin of 94 Shade Street said that he had
been living in Lexington since March, and did not see any
reason for allowing an institution in a residential area.
Mr. G. A. Knox of 63 Shade Street said that if any-
thing objectionable came into the neighborhood it would
devaluate the property and create a nuisance.
The Chairman stated that J. 'Nillard Hayden wished to
be recorded in opposition to the petition.
. Mr. Ryder said that he wished to call the Board's
attention to one thing. He said that it was fairly definite
that the people on Shade Street were opposed to his petition,
and he arpreciated their reasons, but felt that they were
very much exaggerated. He could not see hoti^a a person vho
was ill was particularly objectionable and he did not think
they would have any ill effects on either children or grown
people. He asked the Board to make inquiry as to a private
school located in the Town of Lancaster, which is more of
a residential town than Lexington. He said that the people
who lived there were all fine, the so-called "blue -bloods".
There is a home for deficient children right in the center
of the Town and the residents have never objected to it.
Mr. Ryder said that his brother-in-law operated the home.
Mr. Ryder,said that he could not conceive how a
convalescent home could possibly effect the values of the
houses in the vicinity. This is the only purpose that the
property can be used for that he knew of. If the property
cannot be used for this, his,brother is not going to carry
it forever, and they may have to turn it over to someone
to run as a cheap boarding house, although t hey do not
want to.
Mi% Robert Fawcett asked if the residents could have
any guaranty that if the home was not a financial success
that it would not be turned into a home for inebriates
or mental defectives. The Chairman replied in the
affirmative, and said that the Board could limit that.
Mr. McIntosh asked if the permit could be revoked
if the person did not adhere to the restrictions imposed
in the permit, and the Chairman answered in the affirmative.
He said that the Building Inspector would have to enforce
the Zoning Law, although it might mean a court case.
Mr. McIntosh said that he was in favor of granting
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the petition subject to such restrictions the Board might
impose.
One of the persons present asked if the objectors
would be allowed to be.present when the Board inter-
viewed the woman who wanted to operate the convalescent
home.
The Chairman declared a recess, after which the
Chairman informed the group that the Board was ready to
adjourn the hearing to Friday evening, November 6th
at eight o'clock. He requested Mr. Ryder to ask his
prospective tenant to appear at that time.
The people retired*
The records of the meetings held on October 20th
and 23rd were approved.
The meeting adjourned at 9;00 P.P.
A true record, Attest:
Clerk,
CID
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