HomeMy WebLinkAbout1936-11-18233
' BOARD OF APPEALS MEETING
November 18, 1936.
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 7:30 P. M.
Chairman Maddison, Messrs. Glynn, Kimball, Robbins and
Ferguson were present. The Secretary was also present.
The matter of the petition of Charles W. Ryder for
permission to maintain a convalescent home at 84 Cary
Avenue was considered and also the statements of Mr. Ryder
to the effect that they had owned this property for a
considerable length of time and had been unable to rent
the same for a private residence owing to its size, and
the Board also considered the reports which had been
received regarding the prospective tenant. The almost
unanimous feeling of the neighbors against the granting
of the petition was also carefully considered. .
Upon motion of Mr. Ferguson, seconded by Mr. Glynn,
' it was unanimously voted to deny the petition in the
following form:
The Board of Appeals, acting under General Laws, Chapter
40, section 27, having received a written petition
addressed to it by Charles W. Ryder, 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 affected 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 October
30, 1936 and November 6, 1936.
Four 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 behalfcf the peti-
tioner tending to show:
That he had had an application to lease 84 Cary Avenue
to be used for a convalescent home and also as a residence
by the proposed tenant, Mrs. Gladys Lussier; that the owner
had been unable to find a customer to either purchase or
occupy the premises as a residence; that Mrs. Lussier had
had previous experience in running a sanitorium at Enosburg
Falls, Vt. Mrs. Lussier also stated that many of her
patients in Vermont came from the Leahy clinic in Boston;
that she was a registered nurse in Vermont and did not desire
to take any patients who would naturally be objectionable
to her family; that she was willing to agree not to take any
contagious, psychopathic, tuberculor, alcoholic or narcotic
patients, and was willing to limit the number of patients
k£ any one time to ten.
234'
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show:
Various neighbors appeared in opposition stating'
that they felt a convalescent home would depreciate their
property, and in some instances that if they had known such
an institution would be so near their homes, they would
not have purchased their property; that unless this use of
the property was very carefully restricted, danger might
result to the neighbors.
At the &se of the hearing the Board in private session
on November 18, 1936 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.
2. 'That the exception requested will tend to impair
the status of the neighborhood. N
3. That the exception requested will not be in har-
mony 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 Charles W. icyder, for permission to
maintain a convalescent home at #84 Cary Avenue, Lexington,
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 herein-
before set forth and the testimony presented at the said
hearing, including that herein summarized, and directs
that this record immediately following this decision shall
be filed in the office of the Town Clerk of Lexington and
shall be a public record and that notice of this decision
shall be mailed forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
-(Appointed under G.L.Ch. 40, sec. 27)
A. N. Maddison
Edward W. Kimball
C. Edward Glynn
Howard W. Robbins
Charles E. Ferguson
235
I, Howard W. Robbins, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, Section
27, hereby certify that I sent by postage certificate of
mailing on the 16th day of October, 1936, to Patrick &
Helen K. MacKino, Edwin H. & Mary E. Halvorsen, Margaret R.
Crocker, Pasquale Panetta, Frank A. & Mary Napoli, Neil
McIntosh, Anna R. Kussian, Raymond E. MacInnis, Harriet L.
Jenks, Harriett F. Crozier, Watertown Co-operative Bank,
Helen Louise Vose, Mary B. Thurlow, John. J. Scannell Carl
Victor Olson, Dolores McInnis, Edward C. and -Helena fi,
Maguire, Roland H. MacCallum, Hans M. Levaas, Gandolfe
and Madalan Andolina, Andrew 0. & Abbie L. Bickford, Sig-
vart J. Borgeson, 'Timothy Brosnan, Arthur F. Dolby, Ernest
P. Crozier, Maude M. Kelly, Johann C. E. and Christine A:
Gramstorff, William P. Fyler, Raymond C. Deal, William R.
Vose, Raymond L. and Anna S. White George A. Knox, Jr.
Anna C. Andresen, Jane C. Boleyn, 6harles A. Holmes, Stephen
D. Klyce, Medric A. C aissie, Cosmas V. and Elaine Cosmades,
Kathryn M. Davis, Augusta M. Delander, Alice E. Fowler, Peter
G. Gaudun, Clifton Glidden, May Going, Carrie E. Goss, Jesse
B. Goss, Axel H. & Jessie M. Gren, Charles Hayden, Edward
G, Hughes, John H. Hughes, Joseph G. Hughes, Lexington
Co-op. Bank,George F. McLaughlin, Thaddeus T. and Alice C.
Meehan, Lawson W. Dorris, Charles O. Nichols, Dennis P. and
Nora A. O'Brien, Archibald Patterson, Mary W. Pippette,
' Ryders Stock Farm, Inc., Harry M. & Elizabeth J. Starratt,
Waltham Co, -op. Bank, David and Grace Davies, Jane F. De-
Lesdernier, Saunderson H: Dunlop, John P. and Martha A.
Gorman, Alexander Holmes, Martha R. Hopkins, Elisa Lamont,
LexingtonSavings Bank, Heirs -of C-therine F. Magurn, Albina
M. Marble, Anna E. and'Mary J. Marshall, Margaret M. Merrick,
Lee Randall, Roy R. Rice, Jeremiah J. Riordan, Charles_ W.
& Robert L. Ryder,.Charles W. Ryder, Althea L. Smith, Anna
K. Smith, Charles Welmar, Edwin A..and Mabel B. Westcott,
Kathleen M. Daley, Katherine E. Crosby, Robert W. and
Pauline F. Cobham, Charles 0. and Annie H. Cheney, Bertha
S. Carson, Marie L. Baker, Samuel S. and Selena M. Barker,
Richard & Elects. M. Lamb, Constance L. Thompson, Henning W.
and Axel M. Swenson, Matilda M. Richards, Alfred E. and
Angeline F. Remick, Rudolph & Elwine R. Reinap, Emma P.
Miller, Gertrude B. Briggs, Thomas and Claire M. Aldred,
Walter Ahlggrimm; Lennis Byrne, Waverley Co-op. Bank, William
A. Rogge, Thomas J. Quinn, Joseph s. Phelps, Olof and Hilda
Olson, C. Harold & Lydia E. Olander, Katherine A. Nugent,
Alice N. Mills, Daniel McKinnon, Charles H. McKinnon, Heirs
of Frederick S. Libby, Francelia Libby, Albert T. and Mary
H. LaFortune, Hattie M. Kenty, John J. and Katherine M.
Kenney, Edith 0. Johnson, John J. and Helen MI. Hosford,
James E. and Winifred Hardacker, Linda R. Grindle, Margaret
& Michael Gilhooly et al, Thomas J. Gallagher, Joseph G.
Fredette, Mary M. Driscoll, Edward F. Donohue, Caroline F.
Deloury, Sarah A. Cutler, Marguerite H. Copeland, Frank F.
236
.�
and Georgianna Conover, Margaret M. & Joseph P. Cochrane,
Clark A. Layng, Robert J. Fawcett, Joseph R. Lawson, Jr.
William E. & Edith W. Sullivan, George R. Harlow, Forrest
E. and Ethel D. Litchfield, Charles M. blake, Robert K.
Storey, Edith C. Smith, Hugh and Sadie H. McIntosh Emma
6. Spinney,
M. �:Icotti, Bridget Welch, Marion Be Winter, Elmer
Norman E. and Grace E. Stockhaus, Carolina A. Olson, Nils
Nilsen, Charles R. and Mary V. Neskey, John and Ella M.
Jack, Eugene Be Hamilton, Katherine A. Dever and Eunice
M. Maguire, Alfred E. Remick, and also advertised in the
Lexington Minute -Man on October 15th, 1936, a notice of
which the following is a true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals
October, 13, 1936:
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned here bv petition the Lexington Board
of Appeals, appointed under General Laws, Chapter 40, Sec-
tion 27, to vary the application of section 9A of,the
Lexington Zoning By-law with respect to the premises at
corner of Cary Avenue and Shade Street owned by Charles W.
Ryder of Lexington by permitting the following: Use of
same as donvalescent Home.
Charles W. Ryder Signature
277 Waltham St. Address
N 0 T I C E
October 14, 1936
Lexington, Mass.
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 Chakiles W, Ryder, and located at 84 Cary Ave.,
Lexington, the maintenance of a convalescent home, under the
Lexington,Zoning Law or in accordance with Chapter 40, Section
27A bf the General Laws and amendments.
The hearing will be held at the Selectmen's Room, Town
Office building, on October 30, 1936, at 8:00 o'clock P. M.
Arthur N. Maddison,
Chairman, Board of Appeals.
The meeting adjourned at 8:25 P. M.
' A true record, Attest:
Clerk.
L
11
237