HomeMy WebLinkAbout1938-10-14235
BOARD OF APPEALS MEETING
OCTOBER 14, 1938
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P. M. Chair-
man Maddison and Messrs. Glynn, Kimball and Ferguson were
present. The Secretary was also present.
In the absence of Clerk Robbins, Mr. Kimball was elected
Clerk Pro -tem.
At 8:00 P. M. hearing was declared open on the applica-
tion of Victor N. Rochette, M. D. for permission to maintain
a physician's office at 255 Bedford Street, Lexington. The
notice of the hearing was read by the Clerk Pro -tem.
Several people appeared at the hearing. Dr. Rochette
and his father-in-law were present.
The Chairman asked Dr. Rochette if he had lived in
Concord, New Hampshire and was simply moving his practice down
here, and he replied in the affirmative. The Chairman asked
him if he was registered in Massachusetts, and he said that
he was and that his Registration number was 17823. Mr. Glynn
asked if he desired to have a general practice, and he replied
that he did.
Dr. H. B. Osgood of Bedford Street asked if this involved
the zoning law, and the Chairman said that it,did not. He
then asked if Dr. Rochette intended to have any resident
patients, and he said that he did not.
Dr. Rochette said that he had been a doctor in a mental
hospital in Concord and was very glad to get away from
patients.
Dr. Osgood said that he had obtained a letter from the
State Board of Registration of Medicine in New Hampshire which
spoke very favorably of Dr. Rochette, and had received a wire
from a Dr. Dollof of the State Hospital, also speaking very
highly of Dr. Rochette. He said that if Dr. Rochette was
not going to have resident patients and was going to have a
general practice, he thought that section of the Town would
be very glad to welcome him to Lexington.
No persons appeared in opposition, and the hearing was
declared closed at 8:07 P.M. The group retired.
The matter of the petition of Dr. Victor N. Rochette
for permission to occupy 255 Bedford Street for the mainten-
ance of a physician's office was considered, and letters
from Concord, New Hampshire to the effect that his reputation
while there was good having been received, it was unanimously
voted to grant the petition in the following form (Mr. Robbins
wishing to be recorded in favor) :
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BOARD OF APPEALS PERMIT
The Board of Appeals, actin; under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Victor N. Rochette, M.D. a copy of which
is hereto annexed, held a public hearinv 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 Lexing-
ton, which hearing was held in the Selectnen's Room, in the
Town Office Building; on the 14th day of October, 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 petitioner
tending to show: That he had been connected with the New
Hampshire State Hospital in Concord for some years, and
desired to open an office for general practice at 255 Bedford
Street, Lexington; that he was registered in Massachusetts,
and he did not intend to have any resident patients in his
house; and a letter was received from the Clerk, Board of
Registration in Medicine of the State Board of Health at
Concord, New Hampshire, stating that he had been connected
with the New Hampshire State Hospital for a number of years,
and that his reputation is all right.
No one appeared in opposition.
At the close of the hearing the Board in private
session on October 14, 1938 gave consideration to the sub-
ject 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 neighaorhood.
3. That the exception requested will be in harmony
with the general purposes and intent of the regulations in
the Lexington Zoning By -Law.
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 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
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Zoning By-law is hereby varied so far as may be necessary
to permit the occupancy of 255 Bedford Street, Lexington,
by Victor N. Rochette, M.D., for his office as a physician;
any signs to be placed on the premises to be not exceeding
one and one-half square feet in area.
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 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. MADDISON
CHARLES E. FERGUSON
C. EDWARD GLYNN
EDWARD W. KIMBALL
HOWARD W. ROB INS
I, Edward W. Kimball, Clerk Pro -tem 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 September 30, 1938, to Frank W.
Dodge, Middlesex Institution for Cavings, Boston & Lowell
R.R. Corp., Lexington Coal Co., Ernest A. Jr. and Bernice
F. Snow, Cornelia Bierenbroodspot, Pauline P.Hanks, Dorothy
T. Taylor, Mary C. Mothers, David J. Harrigan, Alexander
Parks, James A. & Margaret J. Aker, Cora W. Dempsey, et al,
George F. Smith, Standard -Oil Co. of N. Y., Lulu M. Blake,
Lexington Trust Co., Doris K. Lovell and Mary E. Kendrick,
Ethel Osgood, Harriett W. Smith, Alice J. Hagerty, Daniel H.
Freeman, Frederick C. and Katherine T. Woodford, Evelyn N.
Fairchild, Margaret E. Ormond, Clarence H. Gleason, John F.
and Eleanor M. McCullough, Madeline T. Mead, Franklin M.
and Ruth L. Dyer, Hugh E. and Mary E. Leonard, Lillian N.
Russell, Harvey M. McHarg, Charles A. and Anna L. McCormack,
Aleph W. Bertwell, Joseph A. and Beulah D. Parks, Wesley J.
and Mabel V. Brighnm, Clifford M. and Ruth S. Martin, Madge
and Sydney Folse, George A. and Ora K. Sammet, Gerald C.
and Ruth J. Turner, Ervin R. Dix, Tr., and Victor N. Rochette,
M.D., and also advertised in the Lexington Minute -Man on
September 29th, 1938, a notice of which the following is a
true copy.
Edward W. Kimball
Clerk Pro -tem, Board of Appeals.
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September 28,1938.
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 determine the application of section 9A of the Lex-
ington Zoning By -Law with respect to the premises at No.255
Bedford Street, owned by Reverend Thomas Brady of Springfield,
Ho., by permitting the following: Maintenance of a Physician's
office.
Victor N. Rochette, M.D.
(bit) W.S. Caouette (Signature)
Concord, New Hampshire (Address)
BOARD OP APPEALS NOTICE
Lexington, Mass.
Sept. 28, 1938.
The Board of Appeals will hold a hearing on the matter
of determining the application of the Zoning Law by per-
mitting on the premises owned by Reverend Thomas Brady and
located at 255 Bedford Street, Lexington, the maintenance
of a physician's office upon application of Victor N.
Rochette, M.D., under the Lexington Zoning Law or in accord-
ance with Chapter 40, Section 27A of the General Laws and
amendments.
The hearing will be held on October 14th, 1938, at 8:00
P.M. in the Selectmen's Room, Town Office Building, Lexington.
Arthur N. Maddison
Chairman, Board of Appeals.
The records of the meetings held on September 16th and
October 7th were declared approved.
The meeting adjourned at 8:30 P. M.
A true record, Attest:
getut,e,,,)-vVALtketo.
Clerk Pro -tem.
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