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HomeMy WebLinkAbout1945-06-22BOARD OF APPEALS MEETING June 220 1945 0 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday evening, June 22, 1945, at 8:00 P. M. Chairman Bowker, Messrs. Locke, Redman, Lynah and Ballard were present. The Clerk was also present. At 8:00 P. M. hearing was declared open upon the appli- cation of Alice M. Gordon and Myrtle I. Collins, 1404 Mass- achusetts Avenue, for permission to maintain and operate a kindergarten school on the premises located at 1404 Massa- chusetts Avenue. Mrs. Gordon and Miss Collins were the only persons present at the hearing. Notice of the hearing was read by Mr. Lynah. Miss Collins said that she had conducted a kindergarten in Reading for five years, but the house in which her kinder- garten was located has been sold. Previously to that time she operated a kindergarten in Reading with a Miss Briggs for a period of four years. The Chairman asked if Mrs. Gordon had any kindergarten training and Miss Collins replied in the affirmative. The Chairman asked if there would be any changes made in the outside of the house and Miss Collins replied in the negative. The Chairman asked if the kindergarten would operate all year, and Miss Collins said that she would like to begin one week after the schools begin and close a week before the schools close. She said that she would operate Monday through Friday from 9:00 A. M. until 12:00 noon. The Chairman asked how many pupils would be accomodated and Miss Collins said that she didn't know how many would be registered, but she has had 45 in Reading. She said that she expected possibly 30 or 35. and that she has facilities to take care of 50 or 60. The Chairman asked how many toilets were in the house and Mrs. Gordon said that there are two. The Chairman asked what arrangements had been made for transportation and Miss Collins said that they would make plans for transporting the children. Mrs. Gordon said that they would employ a regular driver to pick up and take the children to and from the kindergarten. The Chairman asked if there would be any signs in con- nection with the kindergarten and Mrs. Gordon replied in the negative. Mr. Ballard asked if the petitioners intended to live in the house. Mrs. Gordon replied in the affirmative and said that she owned the house. She said that the house consisted of 11 rooms. Mr. Ballard asked if the school would be increased over the two rooms and Mrs. Gordon replied in the negative. is 22 iMr. Redman inquired as to the age of the children and Miss Collins said that she did not know at what age the children entered school in Lexington, but she would like them just one year before going to school. She said that her kindergarten prepared them for the first grade. Mr. Ballard asked what theoutside activities would be and Mrs. Gordon said that the children would have recess, but would be kept under control at all times. She said that they have swings, sandboxes, etc., in the back yard. Mr. Redman -asked where the playgzund would be and how much land is available. Mrs. Gordon replied that itwould be in the rear of the house and consisted of about two acres. She said that the yard is en- closed and cantt be seen by the neighbors. She said that there would be nothing objectionable in the yard. Mr. Lynah asked if Mrs. Gordon owned the property and she replied in the affirmative. Mr. Locke asked if the kindergarten conducted in Reading was in a residential district and Mrs. Gordon replied in the affirm- ative. She said that the houses in Reading were much closer than they are in Lexington. Miss Collins said that she had never received any complaints from the neighbors in Reading. The hearing was declared closed at B-12 P. M. and the petitioners retired. Mr. William Cann, Building Inspdctor, appeared before the Board. The Chairman read a letter from Roland Greeley, 1559 Massa- chusetts Avenue", stating that cars going to the riding school at the Lexington Nurseries had been using his driveway. Mr. Cann said that he had talked to the owner of the school Mr. Sweeney, and advised him that he had fifteen days to erect a fence as indicated in the permit, or the permit would be revoked. The Chairman read a letter from Mr. Henry Raymond, 16 Clark Street, objecting to the noise of a hammer being used in connection with articles made by Fulton Brown, Mr. Cann said that there is a trip hammer in the building used and owned by Daniel Davis and the hammer is used to hammer horseshoes for Mr. Brown. He said that he told Mr. Brown today that the noise would have to stop. The Chairman read the Board of Appeals Order granting per- mission to Mr. Brown to make articles from horseshoes and he also read the Board of Appeals Order granting permission to Mr. Davis to work, exclusively for the use of the armed forces of the United States. Mr. Locke said that the Board had no control over the non- conforming use as long as it continued to be of the same nature as that originally done in the same location. He said the question is whether the work is -being done now is different than that which was originally done in the building. The Chairman said that it is a very fine point as to whether more noise is being made -now than there was before the Zoning Laws. Mr. Cann informed the Board that Fulton Brown had connected the bVildings at #7 and #9 Muzzey Street. 226 Mr. Redman said the buildings had not been joined, but that Mr. Brown had cut a door in both buildings and had built a ramp going between. Mr. Locke asked if, under the Building Laws, Mr. Brown had the right to put in two doors and Mr. Cann replied in the negative. Mr. Cann said that he thought the Board of Appeals should revoke the permit or have the buildings torn down. The Chairman read the permit granted Mr. Brown on May 4, 1945, denying Mr. Brownts application for permission to connect the buildings located at #7'and #9 Muzzey Street. Mr. Brown's* appli- cation for permerission to have the premises located at 9 Muzzey Street operated as a blacksmith shop was granted on December 29, 1944, subject to certain conditions, one of which was that there would be no structural changes or enlargement of the premises. The Chairman asked'Mr. Cann what he had told Mr. Brown and he said that he told him he would have hib permit revoked. Mr. Brown had no right to cut a door in the buildings without a permit. Mr. Locke said that action would have to come from the Build- ing Inspector and if Mr. Brown failed to do what the Building In- spector requested him to do, then Mr. Cann would have to come to the Board of Appeals and ask to have the permit revoked. The Chairman instructed Mr. Cann to write to Mr. Brown and request that the buildings be put back into the condition they were when the permit was granted. The Chairman said that he would contact Mr. Davis and also Mr. Raymond relative to Mr. Raymond's complaint. Mr. Cann retired at 8:50 P. M. • Upon motion of Mr. Locke, seconded by Mr. Lynah, it was unanimously voted to grant the petition of Alice M. Gordon and Myrtle I. Collins 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 Alice M. Gordon and Myrtle I. Collins 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 adtrertised in the Lexington Minute -Man, a newspaper published in Lexington, which hearing was held in the Seleetments Room, in the Town Office Building on the -22d day of June, 1945. 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 Alice M. Gordon and Myrtle I. Collins wished to maintain and operate a kirdergarten school on the premises located at 1404 Mass. Ave., Lexington. The petitioners stated that they had previously conducted a kindergarten in a residential district in Reading and that no complaints had been received on the conduct of the school. They also indicated that they wished to use two rooms on the first floor for the use of the school and that the school would 227 be conducted 5 days per week from 9;00 A. M. to 12;00 noon for the months of September through June. The petitioners also indicated that they would make no alterations to the present building, and that t4ey intended to provide some means of brnansportation for the children. They also indicated that Miss Collins and Mrs. Gordon would be in direct supervision of the school; that they did not intend to erect any signs on the premises; that equipment per - taining to a kindergarten school such as swings, sand boxes, etc., would be installed in the back yard. No one appeared in opposition to the granting'of the permit. At the close of the hearing the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following finding: 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception re- quested. 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 district 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 purpose of such Lexington Zoning By-law. Pursuant to 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 Alice M. Gordon and Myrtle I. Collins to maintain and operate a kinder- garten school on the premises located at 1404 Mass. Avenue to accomodate not more than 50 children between the ages of 3 to 6 subject to the following conditions; That this permit shall continue only while the premises owned by Alice M. Gordon and operated by Myrtle I. Collins and Alice M. Gordon; that the school houes shall be between 9;00 A. M. and 12;00 noon five days a week, during the months of September through June; that there shall be adequate supervision to prevent the children from becoming a nuisance to the neighborhood; that the area occupied by the kindergarten shall be kept in a neat and clean condition at all times. 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 inthe 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. 228 BOARD OF APPEALS OF LEXINGTON (Acting'under the Lexington Zoning is By-law and General Laws.) Winthrop H. Bowker Errol H. Locke Thomas G. Lynah Walter C. Ballard Lester T. Redman I, 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 certificate of mail- ing on the 6th day of June, 1945, to Alice M. Gordon, Myrtle L. Collins, Williamh. & Katherine V. Bennett, Norman Ellard, William & Sarah R. Hall, Marion A. Kimball, Fannie B. Love, Gladys & Elmer F. Funkhouser, Annie F. Shepard, Emily G. McLearn, Elwyn G. Preston, Ralph A. & Dorcas Nason, Bertha V. Hayward, Mrs. Ralph H. Wells, Celina V. Walsh, Marie L. Bonney, Lewis F. & Sarah Willard, Hazel S. Moore, Philip N. & Lulu Poulleys, and also advertised in the Lexington Minute -Man on June 72 1945, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals June 1, 1945 • Lexington Board of `Zoning Appeals Town Office Building Lexington, Massachusetts 'Gentlemen t 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 of the Lexington Zoning By-law with respect to the premises at No. 1404 Mass. Ave., owned by Herbert G. & Alice M. Gordon, of Lexington by permitting the following; Kindergarten school. Alice M. Gordon and Myrtle Collins 1404 Massachusetts Avenue Lexington, Mass. June 7, 1945 N 0 T I C E The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on pebition of Myrtle L. Collins and Alice M. Gordon to maintain and operate a kinder- • • garten school on the premises located at 1404 Massachusetts Avenue, Lexington, under the Lexington Zoning Law and in accord- ance with General Laws, Chapter 40, Sections 25 to 30, as amended. The hearing will be held on June 22, 1945, at 9;00 P, M., in the Selectments Boom, Town Office Building, Lexington, Mass. Winthrop H. Bowker Chairman, Board of Appeals Application was received from the Community Nursery School, Inc., for permission to maintain and operate a nursery school and kindergarten on the premises located at 2173 Massa- chusetts Avenue. It was decided to hold the hearing on July 13th. The meeting adjourned at 9;15 P. M. A true record, Attest; • ler , B d of Appe s 229