HomeMy WebLinkAbout1938-06-24178
BOARD OF APPEALS MEETING
JUNE 24th, 1938.
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P.M.
Chairman Maddison and Messrs. Robbins, Ferguson, Glynn and
Driscoll were present. The Secretary was also present.
At 8:00 P.M. hearing was declared open upon the appli-
cation of Lila Lawrence O'Keefe for permission to maintain a
private hospital and sanatorium for convalescing and retarded
children at 905 Mass. Ave., Lexington. The notice of the
hearing was read by the Clerk, Mr. Robbins.
Mrs. O'Keefe stated that she wanted to maintain a
hospital at this location. She said she intended to have
ten patients, sometimes more. The patients are from two
months to ten Years of age. Sometimes the children cry, but
even normal children cry.
The Chairman asked how many children she had now, and
she said that she had seven, and the oldest is seven years
of age. Mr. Glynn asked what she called "retarded" children,
and she said that two-thirds of them were mental cases, and
some were paralyzed.
The Chairman asked how long she had been at the Barnes
estate, and she replied that she had been there one year,
or would be on August 1st.
No other persons wished to be recorded in favor of the
granting of the petition..
Mr. Eugene Kraetzer of 46 Hancock Street said that he
did not live in the vicinity of the property in question,
but was interested in the prosperity and welfare of the town.
He thought that an institution of this sort was a thing that
we did not want in Lexington; he thought it would lead to
something greater, whereby if another hospital wanted to
come into the Town, the Board would not have as strong a point
to refuse it. He thought that if a hospital were allowed
there,it would devalue the property in that section very
much. People have purchased their homes there, and if the
time should come when they wanted to sell their property, it
would be difficult to do so with this hospital there. He
thought that the people in this neighborhood would have very
great cause to request the Board of Assessors for a decrease
in their valuations. He thought this would be a detriment
to the neighborhood. He thought the hospital should be
located in an outlying district.
The Chairman said that a letter had been received from
Mr. George Nicholson, Jr., and one from Mr. Allan H. Kennedy,
opposing the granting of the petition.
Mr. Nelson Bowers said he represented the Arlington
Five Cents Savings Bank, owner of the property at 912 Mass.
Avenue. This matter was discussed at a meeting, and the
members of the Board decided that this sanatorium, if located
there, would tend to devaluate the property in that section
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of the Town, and they would be opposed to the variance of
the Zoning Laws.
The hearing was declared closed at 8:17 P.M.
At 8:18 P.M. hearing was declared open upon the
application of the Lexington Savings Bank for permission
to subdivide the existing lot at 45 Hancock Street into three
lots. The notice of the hearing was read by the Clerk.
Mr. Edwin B. Worthen, representing the Savings Bank,
said that the frontage on Hancock Street would remain at
125 feet, the depth would be 150 feet, and the area would be
20,000 square feet. The Somerset Road frontage would be
divided into two parts, one having a frontage of 72.65 feet
and the other a frontage of 72 feet. The latter would have
a depth of 102.04 feet, and the other depth would exceed
that. The lot with the 72 foot frontage would have an area
of more than 7650 square feet, and the other lot would have
an area of over 11,500 square feet. The land with the ex-
isting buildings is now assessed for 012,630.00. The Savings
Bank took its loan on the Macurda property in January, 1926
and foreclosed in 1934. In 1926, Mr. Macurda was in rather
excellent financial circumstances, the the property was
assessed for more than it is now. The Bank had every reason
to believe that Macurda would see the loan through, but that
did not happen. They have not made progress in being able
to do anything with the property. They have made an effort
to buy land on either side of the Somerset Road frontage
without success. There seems to be no immediate prospect
of the sale of the house and land as it now stands. They
believed that if the property was divided, there would be an
opportunity to dispose of the three lots within a reasonable
time, and the construction of, modern homes would be preferable
to what is there now.
The Chairman asked if the Bank intended to take the pres-
ent building down, and Mr. Worthen said that that would depend
upon the outcome of this meeting, somewhat.
No one else appeared in favor of the granting of the
petition.
Mr. A. Edward Rowse of 38 Somerset Road said that he
felt to divide the property on Somerset Road into two lots
would reduce the value of the property on the street, and also,
although the change in lot size requiring 12,500 square feet
is not legal at the present time, it did not seem to him that
it was quite fair to the Town to make a division of lots
smaller than that. He thought the feeling was that although
the change in lot size had not been approved by the Attorney
General, it was merely a technical error, and would merely
take another Town Meeting to pass it. The article in the
warrant was not worded correctly, and there would not be a
change in the intent, but the vote would be a confirmation.
He said that he was talking to the Chairman of the Planning
Board the other night on another matter, and asked what the
feeling of that Board was on the sub -division of land. He
thought it would not be right to subdivide property into lots
of less than 12,500 square feet.
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Mr. Eugene Kraetzer of 46 Hancock Street said he was
rather surpri sed that the Savings Bank would come before
the Board to ask for this. It was simply a technical error
that the 100 foot frontage was not in effect at the present
time. To ask the Town to cut up a lot less than the 75001
area was not good business, in his opinion. He said the
neighborhood was established with good-sized lots, and he
thought it would change the whole neighborhood if smaller
lots were allowed there. He said that everybody wanted a
garage these days, and he could not see how one could be put
in for the Hancock Street house. This property is almost
directly across the street from his property. He wished to
express his strenuous objection.
Philip M. Clark of 41 Hancock Street said he was at a
loss to understand how this came before the Board of Appeals
Inasmuch as the request did not conform to our Town By-laws.
Two lots of 721 frontage had no standing as far as he knew.
His objections were not only that the matter was not legal,
but also that it would depreciate the value of property in
the neighborhood. He wished to register his protest against
it.
Mr. F. W. Coleman of 13 Somerset Road said that he
realized the position of the bank, but he questioned if they
would gain enough by cutting the lot up to warrant doing It.
He doubted if they would receive enough more in proportion
per square foot to make it worth while. He felt that the
project would be a disadvantage to the neighborhood and not
in keeping With the present Zoning Law.
Mr. Raymond A. Bond of 37 Somerset Road said he objected
for the same reasons expressed before, and also because he
did not believe it possible to erect a house on a lot with
7500 square feet that would have a value in keeping with the
other property in the neighborhood.
Mr. A. W. Woodruff of 24 Somerset Road said that the
reasons given by Mr. Bond were his sentiments exactly. He
lives across the street from the property in question, and
to put up three small houses would be depreciating the value
of the property around there very much.
Mr. Lawrence H. Burnham of 44 Somerset Road said he would
dislike seeing two lots on Somerset Road because he thought
it would hurt the other property and would not blend with
the development in that section.
Mr. William H. Shurtlef' of 41 Somerset Road said he
objected for the same reasons as the others.
Mr. Lester L. Downing, of 48 Hancock Street, stated he
objected for the same reasons as expressed by Mr. Kraetzer.
Mr. James W. Smith of 16 Franklin Road said he objected
for substantially the same reasons as expressed previously.
No others wishing to be heard in opposition, the hearing
was declared closed at 8:30 P.M.
Mr. William R. Greeley informed the Board that Mrs.
Dana McL. Greeley wished to be recorded in favor of granting
the petition of Mrs. O'Keefe for permission to use the Lee
property for a private.hospital.
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Hearing was declared open upon the application of Albert
Bieren for permission to maintain a grain shed for the dis-
tribution and sale of grain on the premises owned by the
Boston and Maine Railroad and located on the westerly side of
Bedford Street, North Lexington.
Notice of the hearing was read by the Clerk.
Mr. Bieren appeared and presented a sketch of the pro-
posed building. He stated that the building would be approx-
imately 120 feet from Bedford Street, and the entrance would
be from Bedford Street. The Building would be of first or
second class construction.
The Chairman asked him where he did business now, and he
replied that he delivered from the Lexington freight house
and direct from the car. Mr. Bieren said that the building
would be 56 feet high.
Mr. George Fuller said that he represented the Estate
of Robert H. White. He asked Bieren through the Chairman if
there would be machinery used which would be noisy. Bieren
said that there would be practically no noise, as there would
be an electric motor, and the grain would be scooped up by
cups.
Mr. Frank W. Dodge of 299 Bedford Street said that he
lived directly across from the proposed location. He said
that he had spent a lot of money on improvements on his
property, and thought this use would materially effect the
value of his property. He wished to object in every way
possible. He said it was bad enough to have the Coal
Company there, without this. He wished to be recorded in
opposition.
Mr. George Fuller said that last week the Trustees of
the Estate of Robert H. White had a meeting, and he was
instructed to object to this grain shed if there was an
elevator to be installed, but if it was to be merely for
storage there would be no objection. The White property is
located on the corner of Bedford Street and Sunnyknoll Ave.,
and on Sunnyknoll Avenue.
Mr. A. K. Hardin of 14 Underwood Park, Waltham, said
that he did not live in Lexington, but owned land on Valley
Road which backed up to the Boston & Maine property. Some
day he hoped to own a house there, and did not believe that
another business concern would help the residential section.
No other persons appeared in opposition. The hearing
was declared closed at 8:45 P.M.
Mrs. Marie A. Miller of Lincoln Street, together with
Mr. E. B. Worthen, appeared before the Board. Mrs. Miller
said that she wished to sell her bungalow on Lincoln Street,
containing a little over one acre of land. She said it was
situated in the middle of four farms -- Napoli's, Saranots,
Scheibe's and her own. She had tried to sell the bungalow,
but had not been able to do so because most of the prospective
buyers objected to the farms. A couple now wish to buy the
place if they can raise dogs there.
The Chairman said that that was a strictly residential
district, and the raising of dogs was not an accessory farm
use. He thought the safest thing to do would be to submit
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the question to the Town Counsel. Mr. Glynn asked if she
had taken the matter up with the neighbors, and Mrs. Miller
replied in the negative.
Mr. Worthen said that this was one of the most inter-
esting cases of zoning that had come to his attention. The
person desiring to buy this property coa ld not sell dogs
there, but could step across the lot line and sell from Mrs.
Miller's stand. He said that a great many people did business
in a small way from their homes. When the Zoning Law went
into effect, there was a very strong minority report, and it
was because if was felt that this Board would deal favorably
with these borderline cases that the Zoning Law went through
at all.
The Chairman said he thought that as long as there was
no commercial kennels there would be no trouble, but if it
developed that later on the kernels was on a commercial
basis, something would have to be done about it. They retired.
The Board considered the application of Lila Lawrence
O'Keefe, and felt that the house at 905 Mass. Avenue was in
a thickly settled neighborhood, and that this type of
occupation would be injurious to the neighborhood, and there-
fore it was unanimously 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 Lila Lawrence O'Keefe, 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 June 24, 1938.
One Associate and 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
behalf of the petitioner tending to show: That she desired
to maintain a private hospital and sanatorium for convalescent
and retarded children at 905 Mass. Avenue, Lexington, similar
to the one she is now conducting in the so-called Barnes
property at 1557 Mass. Avenue.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show that they felt
it would depreciate the value of their property and that
such a use would be detrimental to the neighborhood.
At the close of the hearing the Board in private
session on June 24th, 1938, gave consideration to the subject
of the petition and voted unanimously in favor of the follow-
ing findings:
1. That in its judgment the public convenience and
welfare will not be substantially served by the making of the
exception requested.
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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 Lila Lawrence O'Keefe to maintain a
private hospital and sanatorium for convalescing and retarded
children at 905 Mass. Avenue.
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 f orth 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 nailed
forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G. L. Ch. 40, Sec. 27)
A. N. Maddis on
Charles E. Ferguson
Howard W. Robbins
C. Edward Glynn
William H. Driscoll
I, Howard W. Robbins, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40, Section
27A, hereby certify that I sent by postage certificate of
mailing on the 1st day of June, 1938, to Blackstone Savings
Bank, Roland N. and Margaret S. Hayes, Irving P. Locke,
John W. and Annie S. McLearn, Michael D. McCarron, Maurice
P. Ahern, Bertha V. Pichette, Edward W. & Esther S. Baker,
Florence M. Daniels, Elizabeth T. Lowe, John M. & Bridget
M. Cotter, Aleah E. Canessa, Arlington Five Cents Savings
Bank, Gertrude Pierce, et al, Evelyn G. Broughall, Katherine
A. Russell, Morse L. Walker, Anna L. O'Hearn, George Sweet-
land, Johanna Kennedy, William N. Robbins, Tr., Edward F.
Buttrick, William F. Fletcher, Alice S. Kennedy, Nathaniel
H. Jenney, Joseph Trani, Louis J. & Clara Reynolds, Emily A.
Peirce, James & Martha Holt, Roland W. Baldrey & Edna Baldrey,
Wealthea A. Flanders, Jane P. Knight, Bross -Loge des Deutschen
Ordens der Harugari des Staats Massachusetts, Allen H. and
Emma E. Kennedy, Agnes M. Walton, George F. Lakschewitz,
Watertown Co-op. Bank, Margaret T. Kelley, Henry F. Peabody,
Aina W. Chapman, Harry & Bertha G. Hanson, Abbie L. Wellington,
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Richard P. & Eulah M. Cassidy, William F. Fletcher, Fanny
P. Crown, Edward H. McNamara, Lillian D. Parks, and Heirs
of Esther B. Lee, and also advertised in the Lexington Minute -
Man on June 2nd, 1938, a notice of which the following is a
true copy.
Howard W. Robbins,
Clerk, Board of Appeals.
May 27, 1938
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petitions the Lexington Board
of Appeals, appointed under General Laww, Chapter 40.,
Section 27, to vary the application of section 9A of the
Lexington Zoning By-law with respect to the premises at
No. 905 Massachusetts Avenue, owed by Heirs of Esther B.
Lee of Cambridge, by permitting the following: Private
Hospital and Sanatorium for convalescing and retarded
children.
Lila Lawrence O'Keefe, R.N. (Sig.)
1557 Mass. Avenue ( Address)
NOTICE
Lexington, Mass.
June 1, 1938.
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 the heirs of Esther B. Lee and
located at 905 Massachusetts Avenue, Lexington, the main-
tenance of a private hos .t a1 and sanatorium for convalescing
and retarded children, under the Lexington Zoning Law or in
accordance with Chapter 40, Section 27, of the General Laws
and amendments.
The hearing will be held on June 24th, 1938, at 8:00
P.M. in the Selectmen's Room, Town Office Building, Lexington,
Mass.
Arthur N. Maddison
Chairman, Board of Appeals.
Powel
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The Board considered the application of the Lexington
Savings Bank for the division of 45 Hancock Street extend-
ing through to and fronting on Somerset Road, and felt that
with the frontage of the other lots on Somerset Road being
much larger, it would not be desirable to divide the
frontage of this lot into two lots, onehaving a frontage of
72.65 feet, and the other 72 feet. The Chairman stated that
Mr. Kimball wished to be recorded in favor of denying the
petition. Mr. Glynn did not act on the petition. It was
unanimously 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 Lexington Savings Bank, 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 Lex-
ington, Which hearing was held in the Selectmen's Room, in
the Town Office Building on June 24, 1938.
One Associate and 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
behalf of the petitioner tending to show: That it owned by
foreclosure proceedings the lot numbered 45 Hancock Street,
extending to and fronting on Somerset Road, the lot contain-
ing 39,866 square feet; that they desired to divide the
Somerset Road portion of the lot into two lots, one to have
a frontage of 72.65 feet, and the other 72 feet; they stated
that they had been unable to obtain any offers for the
property as a whole, but had had some inquiry for smaller lots.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show that such a
division of the Somerset Road frontage would depreciate the
value of the property in the neighborhood and the building of
two houses would be decidedly harmful to the neighborhood.
At the close of the hearing the Board in private session
on June 24th 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 be substantially served by the making of the
exception requested.
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.
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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 Lexington Savings Bank to subdivide
the existing lot at 45 Hancock Street into three lots.
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 decidion 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
Howard W. Robbins
Charles E. Ferguson
William H. Driscoll
I, Howard W. Robbins, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter 40,
Section 27A, hereby certify that I sent by postage certificate
of mailing on the 1st day of June, 1938 to Catherine S.
Osgood, Franklin N. and Nancy A. Coleman, Lulu M. Blake,
Albert W. Woodruff, et al, Harry A. Wheeler, Doris E. Bond,
Marion R. Rowse, Ella M. Robertson, Allen W. & Elsie M.
pucker, Olive M. and Lawrence H. Burnham, George W. & Marjorie
S. Emery, William H. Shurtleff, Kelsey G. Reed, James W.
Smith, Home Owners Loan Corp., William L. & Maude S. Smith,
Eleanor J. McCabe, Warren Sherburne, Hattie E. A. Peckham,
Mary L. Brigham, Philip M. & Marion B. Clark, Eugene G. and
Mary G. Kraetzer, Helen A. Downing, George B. and Olive F.
Sargent, Pearl C. Sprague, -Heirs of,Katherine B. Stone, Clara
M. Barbour, Charles B. Davis, C. Edward & Minnie A. Glynn,
Jessie Gilmore, Clarence & Edith H. Shannon, Lester T.
Redman, and the Lexington Savings Bank, and also advertised
in the Lexington Minute -Man on June 2nd, 1938, a notice of
which the following is a true copy.
Howard W. Robbins,
Clerk, Board of Appeals.
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Lexington, Mass.
June 1, 1938.
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 the Lexington Savings Bank and
located at 45 Hancock Street, Lexington, the subdivision of
the existing lot into three lots, under the Lexington Zoning
Law or in accordance with Chapter 40, Section 27, of the
General Laws and amendments.
The hearing will be held on June 24th, 1938, at 8:15
P.M. in the Selectmen's Room, Town Office Building, Lexington.
Arthur N. Maddi son
Chairman, Board of Appeals.
May 31, 1938.
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, Section 27,
to vary the application of section six of the Lexington Zoning
By -Law with respect to the premises at No. 45 Hancock Street,
owned by Lexington Savings Bank of Lexington by permitting
thefollowing:
This property has a total area of 39,866 square feet.
It is proposed that this be divided into three house -lots as
follows: Hancock Street -frontage (full) one hundred twenty-
five feet, depth over fifty feet, area approximately 20,000
square feet, Somerset Road --present frontage 144.65 feet.
It is proposed to divide this as follows: The Southwest lot
to have 72 foot frontage, a minimum depth of 102.04 feet, and
the back line to be 75 feet. This would give an area exceed-
ing 7,650 square feet. The Northeasterly lot to have a
frontage of 72.65 feet and an area of over 11,500 square feet.
Lexington Savings Bank (Signature)
Edwin B. Worthen,
Treasurer
Lexington, Mass. (Address)
At 9:30 P.M. the following telegram was received:
n
Board of Appeals
Regret unavoidable absence from hearing on the Zoning Law
concerning the use of the property the Heirs of Esther B. Lee,
Boston, Mass.
Charlesgate Hotel
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905 Mass. Ave., Lexington, Mass. Parties desiring home
for retarded children are desirable, no local neighbors
objecting.
Dr. Harry B. Lee
The Board considered the application of Howard M.
Munroe for the maintenance of a golf school and range on
property owned by him on Lowell Street, Lexington, and in-
asmuch as the tees and commercial end of such an occupancy
would be in the business district, it felt that the permit
should be granted subject to certain conditions. Upon
motion of Mr. Ferguson, seconded by Mr. Glynn, it was unan-
imously voted to grant the petition in the following form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under General Laws, Chapter
40, Sec. 27, having received a written petition addressed to
it by Howard M. Munroe, 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 alto advertised in the Lexington
Minute -Man, a newspaper published in Lexington, which hear-
ing was held in the Selectmen's Room, in the Town Office
Building on the 27th day of May, 1938.
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 behalf of the pet-
itioner tending to show: That he desired to rent a part of
his property on Lowell Street adjacent to the Countryside
Restraurant, for a golf school and driving range; the tees
to be placed back from Lowell Street about 90 feet.
No one appeared in opposition.
At the close of the hearing the Board in private session
on June 24, 1938, gave considerationto 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 be substantially served by the making of the
exception requested.
2. That the exception requested will not tend to impair
the status of the neighborhood.
3. That the exception requested will be in harmony
with the general purposes and intent of the regulations in
the Lexington Zoning By-lawv.
4. That owing to conditions especially affecting the.
said parcel but not affecting generally the Zoning district
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in which it is located, a literal enforcement of the pro-
visions of the Lexington Zoning By-law as to the locus in
question would involve substantial hardship to the petitioner
and that desirable relief may be granted without substantially
derogating from the intent or purpose of such Lexington
Zoning By-law.
Pursuant to the said findings, the Board hereby unan-
imously decides that the application of the said Lexington
Zoning By law is hereby varied so far as may be necessary
to permit Howard M. Munroe to use a portion of his land on
Lowell Street in the rear of Countryside restaurant for a
golf school and driving range, subject to the following
conditions:
1. That the tees shall be placed back from the street
line of Lowell Street at least 90 feet, and approximately
in the rear of the gasoline and service station, permit for
which was granted March 25, 1938, and the row of tees to be
placed at an angle of approximately 45° from the line of
Lowell Street, so that the balls will be driven away from
the Countryside restaurant;
2. That the operation of the driving range and golf
school shall cease by 11:00 o'clock P.M.;
3. That sufficient parking space on the land of Mr.
Munroe shall be provided to obviate any parking on the
streets;
4. That this permit shall expire July 1, 1939.
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 here-
inbefore 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 open to public inspection 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. addison
C. Edward Glynn
William H. Driscoll
Charles E. Ferguson
Howard W. Robbins
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 12th day of May, 1938 to Leslie C. and Matilda
M. Wheeler, Sarah C. VanDeusen, Albert E. and Marion C.
Olsen, H. Irving and Helen G. Currier, Charles H. and Jennie
Currier, Chester A. Fogg, Peter and Martin Semonian, Elmina and
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Howard M. Munroe, Leonard K. Dunham, Alexander and Robert
Porter, Catherine Dunham, Robert A. and Elizabeth Porter,
Harvey C. Wheeler, Edward J. Casey, Countryside, Inc., and
also advertised in the Lexington Minute -Man on May 12,
1938, a notice of which the following is a true copy.
Howard W. Robbins
Clerk, Board of Appeals.
May 11, 1938.
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, Section
27, to vary the application of Section 9A of the Lexington
Zoning By-law with respect to the premises at Lowell Street,
owned by Howard Munroe of Lexington, by permitting the
following:
Maintenance of a golf school and range.
Howard M. Munroe (Signature)
344 Lowell Street (Address)
NOT I C E
Lexington, Mass.
May 12,1938.
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 Howard Munroe and located an Lowell
Street, Lexington, the maintenance of a golf school and range,
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 May 27th, 1938, at 8:15
P.M. in the Selectmen's Room, Town Office Building, Lexington.
Arthur N. Maddison
Chairman, Board of Appeals.
The Board considered the application of the New England
Water Supply Corporation to permit on its premises located
on the northerly side of Westview Street to the east of
property of the Boston & Maine R.R. and the fact that the
County Commissioners are considering the relocation of
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of Westview Street in front of this land, and inasmuch as
releases had been obtained from owners of land within a
500 foot radius, the Board felt that the permit should be
granted, and it was unanimously voted to grant the permit
in the following form:
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under General Laws, Chapter
40, Sec. 27, having received a written petition addressed
to it by the N. E. Water Supply Corporation, 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 ad-
vertised 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 the 6th day of May, 1938.
One Associate and 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
behalf of the petitioner tending to show:
That he desired to construct a building to house water
pumping equipment to be used in supplying the U.S. Veteran's
Hospital at Bedford with water, on the land on the northerly
side of Westview Street, said lot being bounded on the west
by the Boston & Maine Railroad; the pump house to be 81 long,
121 wide, and 71 high; that they had a contract with the
government which called for a supply of three hundred gallons
of water per minute, and the arrangement was that at the
end of ten years the Federal Government would take over the
equipment; that they had tested in a great many places, and
this location seemed to offer better water and in sufficient
quantity to warrant their going ahead with the project.
Three of the neighbors were represented by counsel, who
stated that they were afraid taking the amount of water which
would be called for would dry up their wells, and one owner
who required damp soil was afraid it would dry up his land.
At a meeting held on June 24th, 1938, 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 be substantially served by the making of the
exception requested.
2. That the exception requested will be in harmony with
the general purposes and intent of the regulations in the
Lexington Zoning By-law.
3. That the exception requested will not tend to impair
the status of the neighborhood.
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4. That owing to conditions especially affecting the
said parcel but not affecting generally the Zoning district
in which it is located,a literal enforcement of the pro-
visions of the Lexington Zoning By-law as to the locus in
question would involve substantial hardship to the petitioner
and that desirable relief may be granted without sub-
stantially derogating from the intent or purpose of such
Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby unan-
imously decides that the application of the said Lexington
Zoning By-law is hereby varied so far as may be necessary
to permit:
The New England Water Supply Copporation to erect and
maintain a building 8' long, 12' wide, and 7' high to house
water pumping equipment to be used in supplying the U. S.
Veteran's Hospital at Bedford with water on the lot on the
northerly side of Westview Street, said lot being bounded
on the west by the Boston & Maine Railroad, on the following
conditions:
1. That the apparatus shall be run in such a manner as
not to be noisy or offensive to the neighborhood;
2. That the premises shall be kept in a neat and clean
condition at all times;
3; That said building shall be set back at least 20'
from the present street line of Westview Street, or if the
ld,cation of Westview Street in the vicinity of this lot is
relocated by the County Commissioners, then the building
shall be set back at least 20' from the line of Westview
Street as so relocated.
4. That only electric current shall be used to run
the pumping equipment.
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 decision shall
be filed in the office of the Town Clerk of Lexington and
shall be open to public inspection and that notice of this
decision shall be mailed forthwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G. L.Qh. 40, Sec. 27)
A. N. Maddison
C. Edward Glynn
William H. Driscoll
Charles E. Ferguson
Howard W. Robbins
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
193
mailing on the 21st day of April, 1938 , to Amanda Hurtado,
Joseph DeFelice, Joseph and Theresa DeFelice, Lexington
Sand and Gravel Co., Charles A. Linehan, et al, Boston and
Lowell R.R. Co., New England Water Supply Corp., and also
advertised in the Lexington Minute -Man on April 21st, 1938,
a notice of which the following is a true copy.
Howard W. Robbins
Clerk, Board of Appeals.
April 14, 1938.
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, Section
27, to vary the application of section 9(g) of the Lexington
Zoning By-law with respect to the premises at Westview
Street, owned by New England Water Supply Corp. of Boston,
Mass., by permitting the following:
The erection and maintenance of building to house water
pumping equipment to be used in supplying U. S. Veteran's
Hospital at Bedford with water.
New England Water Supply Corp.
Percy G. Crocker, Treas. (Signature)
35 Congress St., Boston (Address)
N 0 T ICE
Lexington, Mass.
April 24 1938.
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 the New England Water Supply Corp.
and located on Westview Street, Lexington, the erection and
maintenance of a building to house water pumping equipment,
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 May 6, 1938, at 8:20 P.M. in
the Selectmen's Room, Torn Office Building, Lexington.
Arthur N. Maddison
Chairman, Board of Appeals.
It was dedided to take no action on the Bieren appli-
cation until the next meeting.
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The records of the meeting held on June 10, 1938,
were declared approved.
The meeting adjourned at 10:20 P.M.
A true record, Attest:
Aol rk.
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