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HomeMy WebLinkAbout1944-10-06BOARD OF APPEALS" • October 6,1944 A meeting of the Board of Appeals was held in the Selectman's Room, Town Office Building on Friday October 6, 1944 at 8:00 p.m Chairman Glynn, Messrs. Nickerson, Bowker and Associate Members Brown and Lynah were pre- sent. The Clerk was also present. At 8:00 p.m. hearing was declared open upon the peti- tion of Mrs. Margaret Kimball Harch for permission to maintain a nursery school on the premises located at 2117 Massachusetts Avenue_,, Lexington. Mrs. Harch and lur. & Mrs. Rich were present at the hearing. The notice of the hearing was read by Dir. Bowker. Mr. Rich stated that he is a member of a committee formed by a group of parents who are trying to get the, nursery school organized for children under six years of age. He said that there would be twenty children, pos- sibly, attending the school. He stated -.that Mrs. Kimball, the owner of the property at 2117 Massachusetts Avenue, had consented to allow the use of two or three rooms and a portion of the yard for the purpose of conducting the • school, providing the school pays expenses. Mr. Rich further informed the Board that the school would be op- erated entirely on a non-profit basis, the idea being to provide adequate nursery school at cost for the members. He said that it is the desire to incorporate at some future date and read the following names of parents in- terested in forming the nursery school: Mesdames Richey, Fogler, McGregor, Byfield, Harch, Jackson, Packard, Kepple, Burrows, Funkhouser, Pilkington, Pagliucca, Gardner, Annis and Lenhart. The Chairman asked what the age of the children would be and Mr. Rich replied from two and onehalf years to six years. The Chairman asked if the school would be more or less or a kindergarten and Mrs. Harch replied that it would be less organized and probably better described as a school of supervised play. She said that there would be a day to day attendance and at least one mother present each day to work with a paid director. The Chairman asked if his understanding that there would be only twenty children attending was correct, and Mrs. Harch replied in the affirmative and stated that there would not be room for more. The Chairman stated if a permit were issued, it would have to be made out in some particular name. Mrs. Harch r • said that she signed the application for the hearing as a representative of the group of mothers. Mr. Rich stated that when the group organizes,the school will be known as the Lexington Cooperative Nursery School and it will be incorporated. The Chairman asked what hours the school would be opan and Mrs. Harch replied from 9:15 a.m. until 12:00 noon, five days aweek. Mr. Bowker asked if the group intended to have any signs displayed and Mrs. Harch replied in the negative. Mr. Lynah asked if any arrangement had been made for transporting the children to and from the school. Mrs. Harch replied that one mother in the group would handle the trans- portation and further stated that the proper insurance had been written up. Mr. Lynah asked if, in the event a kindergarten system were adopted in the Lexington schools, would the proposed nursery school have any affect on it and Mrs. Harch replied that the nursery school would be for small children only. Mr. Nickerson asked what months the school would be in session and Mrs. Rich replied from September until the first of June with the possibility of a summer school at some future time. The group retired at 8:15 P.M. At 8:16 P.m. hearing was declared open upon the applica- tion of Garrett O'Brien for permission to construct a roof on the garage at 8 Bartlett Avenue, Lexington, which would not have the type of covering required under the Lexington Build- ing Laws. Mr. O'Brien had requested a building permit which was refused by the Building Inspector. Mr. Cann, the Building Inspector, Mr. O'Brien and six other persons were present at the hearing. Mr. O'Brien stated that he had started to build a garage two years ago and it was his intention to build it with con- crete blocks. He said that he tried to buy reinforced rods for the concrete, according to the Building Inspector's re- quest, and he was unable to obtain them inasmuch as the gov- ernment is using most of this particular type of rod. He therefore, could not put on a concrete roof because of his inability to obtain steel. Mr. O'Brien stated that he pur- chased a supply of 28' x 8' and hired a carpenter to put on the temporary roof. After the carpenter had the frame erected, the Building Inspector informed him that he could not put the roof on unless it was a flat roof with tar and gravel. The Chairman asked if Mr. O'Brien had obtairgi a build- ingpermit"before he stabted to erect the garage and Mr. O'Brien replied that he did obtain a building permit and 0 1, 3CR Put 36" of concrete under the foundation of the garage in accordance with the Building Inspector's requirements. The Chairman asked if the original permit gave Mr. O'Brien the privilege of putting the garage close to the lot line and he replied that he understood a first-class garage could be put on a line. The Chairman stated that there are Building and Zoning Laws which require a setback so far from the side lines and in a residential zone a certain limitation is given as to how close a garage may be built to the side lines. The Chairman said that he understood that the question of the roof came up on account of the fact that Mr. O'Brien's garage is within one foot of his line. Mr. O'Brien stated that the line is 19" from the back of the garage and 26" from the side of the garage. The Chairman said that as he understood the situa- tion, the Building Inspector had told Mr. O'Brien that he could use the structure if he put on a tar and gravel roof. Mr. O'Brien replied that the garage has a hip roof and he cannot put on tar and gravel. He said that if the garage cannot be concrete, it would have to be wood. Mr. Cann said that he told Mr. O'Brien, when he first began the garage, that a permit should be taken out. Mr. O'Brien called at the office of the Building Inspector, and during his absence, the gentleman in the office, issued a permit to Mr. O'Brien for a second class con- struction. Mr. Cann revoked the permit and informed Mr. O'Brien that he would have to obtain a permit For a first- class construction. Mr. O'Brien was having difficulty in obtaining materials and Mr. Cann, therefore, told him that he could put on a flat wooden roof with tar and gravel, all the exposed wood to be covered Lith metal and a plastered ceiling. Mr. Cann stated that Mr. O'Brien neglected to do this and that he began the construction of a pitch roof to which Mr. Cann objected. The Chairman asked if there were any persons present who were in favor of the petition being granted. Mrs. Mary A. Rowland, 148 Lowell Street said that the garage is now an eyesore and that it is the only cement garage in the vicinity. She would like very much to have it completed. Mrs. Harold Howell, 38 Arcola Street stated that she has a fire place in the back of the garage and she would not like to have a wooden roof on the garage. Mrs, Huoppi, 32 Arcola Street said that she would like to have the garage finished as it detracts from the neighborhood. The Chairman asked if any members of the Board had any questions and Mr. Nickerson said that he would like to know why Mr. O'Brien put on a hip roof instead of a • • flat roof, inasmuch as first-class construction requires that a wooden roof must be flat. Mr. O'Brien said that he thought that if he put on a flat Poof the children in the neighborhood might be climbing over it and also inasruch as it was to be tem- porary, he thought it best to have a pitch roof. The Chairman asked Mr. O'Brien if he could now ob- tain materials for a flat roof, would he have any objec- tion and he replied that he was unable to find a roofer who has time to work on it. He again stated that he was unable to purchase the required materials and therefore wanted to put on a temporary wooden roof. There being no further questions, the group retired at 8:40 p.m. The Chairman informed the Board that, according to Mr. Cann, the petitioner started to build a garage next to the lot line for which he had ho permit. Mr. Cann was willing to do whatever he could to assist Mr. O'Brien inasmuch as the garage was already started and so advised him that the garage could remain where it was if it were made of first-class construction. Mr. O'Brien claimed that he could not obtain steel rods and therefore Mr. Cann informed him that he would have to put on a three-ply tar and gravel flat roof, plaster the ceiling, etc. In view • of this Mr. O'Brien erected a pitch roof. The Chairman stated that only the timbers are now up and the roof is not boarded in. Upon motion of Mr. Nickerson, seconded by Mr. Bowker, it was unanimously voted to deny the petition in the fol- lowing form: BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Building Laws of the Town of Lexington and amendments thereto, having received a written petition addressed to it by Garrett O'Brien, 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, which hearing was held in the Selectmen's Room, in the Town Office Building on October 6, 1944. Two Associate and three regular members of the Board of Appeals were present at the hearing. A certificate of noticd is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he had erected the walls of a garage on his premises at 8 Bartlett Avenue, Lexington, locating them within 19" of the rear line C I 141. of the lot and within 26' of the side line with the original intention of finishing the building with a flat concrete roof, that due to the scarcity of the of ,the necessary building materials, he now desired to erect a wooden pitched roof instead; that the Building Inspector had granted him a permit to cover the building with a flat roof of three-ply tar and gravel, all exposed wood on the outside to be metal covered and to have a plastered ceiling on the in- side; that he preferred not to do this because it could not be built by an ordinary carpenter but would require a special roofer. Evidence was offered on behalf of the citizens Iftepeot opposing the granting of the said petition tending to show that the Building Inspector had been obliged to stop construction of this garage, first be- cause no Building Permit had been taken out and later because the owner did not follow his instructions as to the type of roof; that a roof as specified was neces- sary on account of the location of the garage adjacent to the rear and side lot lines, making it as near fire proof as possible under the circumstances. At the close of the hearing the Board in private session on October b, 1944 gave consideration to the subect of the petition and voted unanimously in favor of he following findings: 1. That in its judgment the public convenience and welfare will not be substantially served by the mak- ing 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 of the Building Laws of the Town of Lexington and amend- ments thereto. 4. That the relief requested may not be granted without substantial detriment to the public good and without sub- stantially derogating from the ihtent and purpose of such Building Laws of the Town of Lexington. L_J 0 Pursuant to the said findings, the Board hereby denies the said petition of Garrett & Alice O'Brien for the con- struction of a wooden pitched roof on the garage located on the premises of 8 Bartlett Avenue, Lexington, and in doing so has given special consideration to the fact that in a06 cordance with the Lexington Zoning By-law this garage should not be located nearer thatn 71 feet from any line of the property, and that inasmuch as that regulation has not been complied with and the proposed building is located very close to both side and rear lot lines, the type of construe - tion should comply with the Lexington Building Laws as specified by the BOilding Inspector. The Board hereby makes a detailed record of all its pro- ceedings 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 a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Building Laws) The Board then considered the petition of Mrs. Margaret Kimball Hareh and upon motion of Mr. Bowker, seconded by Mr. Brown, it was unanimously voted to grant the petitioft in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Margaret Kimball Harch, 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 tecent local tax list and also 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 sixth day of October, 1944. Two Associate and three regular 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 a grouprof parents with small children had formed the Lexington • 1.43 Cooperative Nursery School and that it was desired to locate the same at 2117 Mass. Avenue, Lexington; that the school is to accommodate not over 20 children rang- ing in age from approximately 2J to 6 years; that it was proposed to keep it open mornings from 9:00 a.m. to 12:00 noon five days a week and during the months from September to June; that there would be a paid director who would be assisted by some mother in the group volunteering her services on each day; that there was adequate room on the premises to take care of the children and to prevent them from disturbing the neighbors; that it was the intention to run the school on a non-profit basis. No one appeared in opposition to the granting of the peti- tion. At the close of the hearing the Board in private session on October 6, 1914 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 wel- fare 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-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning dis- trict in which it is located, a literal enforcement of the provisions 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 pur- pose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Lexington Cooperative Nursery School to occupy a portion of the premises at 2117 Mass. Avenue, Lexington for a nursery school to accommodate not more than 20 children between the ages of 2J and 6 years, sub- ject to the following conditions: 1. That this permit shall continue only while the premises are owned by 171 'll Mrs. Franklin R. Kimball. 2. That the school hours shall be between 9:00 a.m. to 12:00 noon on five days per week during the months of September to June in- clusive. 3. That there shall be adequate supervision to prevent the children from becoming a nuisance to the neighborhood. 4. That the area occupied shall be kept in a neat and clean conditioh at all times. 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 pre- sented at the said hearing, including that herein sum- marized, and directs that this record immediately fol- lowing this deicision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection and that notice of the decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws` C. EDWARD GLYNN D. E. NICKERSON J. MILTON BROVIN WINTHROP H. BO`NKER THOILLZ G. LYNAH 1. Hazel J. Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 21st day of September, 1944 to Margaret Kimball Harch, George E. & Helen C. Kirk, Clara A. Hill, Emily C. Collins, Katherine Ross, William R. & Eleanor Rosenberger, Robert P. Trask Converse & Audrey B. Hill, and also advertised in the Lexington Minute -pian on September 21, 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals. September 112, 1944 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: i The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of Section 9c of the Lexington Zoning By-law with re- spect to the premises at No. 2117 Mass. Ave., owned by Mrs. F. R. Kimball of Lexington by permitting the fol- lowing: A nursery school. Margaret Kimball Harsh 2117 Plass. Ave. Lexington, Mass. Lexington, Mass. September 21, 1944• N O T I C E The board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law on petition of Margaret Kimball Harch for permission to maintain a nursery school on the premises located at 2117 Massachusetts Avenue, Lexington, under the Lex- ington Zoning By-law and in accordance with General Laws Chapter 40, Sections 25 to 30 as amended. The hearing will be held on October 6, 1944 at 8:00 p.m. in the Selectmen's Room, Town Office Building Lexington, Mass. C. Edward Glynn Chairman, Board of Appeals. The minutes of the meeting held on September 22, 1944 were declared approved subjedt to the correction of a typographical error. The meeting adjourned at 9:35 p.m. A true record, Attest: i •