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HomeMy WebLinkAbout1945-07-1330 BOARD OF APPEALS • July 13, 1945 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on Friday, July 13, 1945, at 8:00 P. M. Messrs. Locke, Brown, Redman and Associate Members Ballard and Ripley were present. The Clerk was also present, At 8:00 P. M. hearing was declared open upon the appli- cation of the Community Nursery School, Inc., for permission to maintain and operate a nursery school and kindergarten at 2173 Massachusetts Avenue. Mr. and Mrs. Rich, representing the corporation, Mr. Donald Nickerson and eight other persons were present at the hearing. Notice of the hearing was read by Mr. Brown. Mrs. Rich said that the members of the corporation had been looking for property to rent or purchase, because of the fact that Mrs. Harsh, who applied for a permit last year for the operation of the school at 2117 Massachusetts Avenue, was leaving town and it was no longer possible to use the Kimball property. She said that they had been told that the Ross property at the corner of Massachusetts Avenue and Cedar Street was for sale, and they decided to purchase it. Mrs. Rich said that a contract to purchase had been entered, subject to their being able to maintain a nursery school and kindergarten. The Chairman asked how many choldren were enrolled in the school at the present time and Mrs. Rich r eplied that there are twenty-two. The Chairman asked how many children could be accomodated in the Ross house and Mrs. Rich replied that the maximum would be seventy-five. The chairman asked if Mrs. Rich had been through the building and she said that she had and that it would be adapted to their uses. The Chairman asked if the house would be occupied as a home and Mrs. Rich replied in the negative. The Chairman asked what hours the school would be open and Mrs. Rich replied from 9:00 A.M. to 12:00 noon and on some days from 9:00 A. M. to 4:00 P. M. The Chairman asked if the school would be open on Satur- days and Mrs. Rich replied in the negative, stating that the school would be operated only five days a week. The Chairman asked if the school would be conducted through the school year and Mrs. Rich said that she didn't know as yet. She said that ordinarily, nursery schools operate less than the normal school year, but they might want to have a summer session. The Chairman asked if some of the land would be used as a play area and Mrs. Rich said that the property on the side of • the house, from Massachusetts Avenue back, would be the main play area. 231 is Mr. Ballard asked if the corporation contemplated making any structural changes in the buitling. Mrs. Rich said that they had not planned any changes and that a member of _the corporation intended to be present to -night to explain about the building, She said that there is need for a lavatory on the first floor. Mr. Ballard asked how many toilets were in the house and Mrs. Rich replied that there is one on the second floor and that there would have to be one on the first floor. The Chairman asked if any rooms on the second floor would be used and Mrs. Rich said that they intended to operate the kinder- garten on the second floor and the nursery school on the first floor. The Chairman asked what age the children would be and Mrs. Rich said that the approximate ages would be from 22 to 42 in the nursery school and from 42 to public school age in the kin- dergarten. Mr. Redman asked if there would be any changes in the out- side of the building and Mrs. Rich replied in the negative. She said that they did expect to paint the house. Mr. Brown asked if the play area would be enclosed and Mrs. Rich said that at the present time it is partially enclosed by a hedge and that they have not gone into the matter enough to determine what enclosure would be made. The Chairman asked how many teachers or instructors there would be and Mrs. Rich said that they have been assured a student from the Nursery Training School for the nursery school and on the basis of a teacher, student and mother helping, the number • of children to be taken care of by that group would be twenty. She said that she intended to have the parents very active in the organization. Mr. Redman asked if the children would stay from 9;00 A. M. through until 4;00 P. M. Mrs. Rich said that they would like to experiment with a full dad- session and that the children would then bring their lunches. She said that they would have their lunch and a rest period, under the supervision of a teacher, followed by plan in the afternoon. Mr. Ballard asked if there were facilities for supplying hot lunches. Mrs. Rich said that there is a kitchen which she believed would be adequate. Mr. Ripley asked how long the children would be out in the play area and how many would be out at a time. Mrs. Rich said that the length of time the children would be in the yard -would be according to the weather and that it would be worked out with shifting groups. Mr. Ripley asked if there would be a group out all day and Mrs. Rich said that the children would be out as much as possible and that there would be a group out at all times during the good weather. The Chairman asked if there was anyone present who wished to speak in favor of granting the petition. Mr. Rich presented a list of the persons in the corporation and said that he would like to inform the Board that this is a non-profit organization. . The Chairman asked if there speak in opposition of granting Mr. Harold Roeder, vie Cedar definitely opposed, and asked if of the main house would be used was anyone present who wished to the petition. Street said that he was not the two buildings in the rear for school purposes. -232 Mrs. Rich said that'the corporation was interested in the • main house only. Mrs Harold Roeder asked if the house would be remodelled and Mrs. Rich said that they did not intend to make any changes, but that it would be painted. Mr. Donald Nickerson, 2198 Massachusetts Avenue, said that he lives diagonally across the street and that he did not wish to go on record as being opposed to this application, but that he was desirous of obtaining some information. 'He said that the first thing bothering hom was the traffic situation which is not too bad at the present time, but under normal conditions is very fast on Massachusetts Avenue. He said that he has seen some accidents and some near accidents and would like to ask whether or not there would be any parking of cars and if any provision had been made to handle the traffic.' Mrs. Rich said that the children will be driven'to and from the school. She said that'she did not believe there will be any parking problem. Mr. Nickerson asked if there would be any parking facilities other than on the side of the street. Mrs. Rich said that they would own the driveway and there would be space there for park- ing, Mr. Nickerson said that he thought it would be out of order to leave oars parked on Massachusetts Avenue or on Cedar Street, Mr. Nickerson said that his second question had to do with fencing. He said that he did not believe a hedge would be sat- isfactory as a safety factor. Mr. Nickerson said that he and his wife would be recorded in opposition to this school unless • satisfactory fencing were contemplated. He baid that they would not try to stop progress, but merely were concerned for the safety of the youngsters. Mrs. Rich said that the safety of the children is one of the first things they have in mind and they would be very careful to make sure that the play area would be enclosed. Mr. Nickerson said that he wanted it recorded that unless the property is securely fenced, he and Mrs. Nickerson would be opposed to granting this permit. He said that unless the play area were securely fenced, he believed it would be dangerous for the youngsters. The Chairman asked if there were any restrictions or per- mits required by the fire authorities in operating a building of this type. Mr. Rich said that last year they checked with the fire authorities and certain changes suggested by them were made. He said that the corporation would be glad to meet the requirements of the local fire authorities. Mr. Philips, 12 Cedar Street, asked how many rooms were in the house and Mrs. Rich replied that there are seven rooms and a bath. She said that there is a small ell on the first floor large enough for a lavatory. Mr. Nickerson asked if the house would be kept locked over weekends and during the summer. -Mrs. Rich said that it would be unless there was a summer session or someone working in the house. She said that there would be parents meeting there evenings and also parents there to do work in connection with the school. 233 • Mrs. Rich said that the organization has been set up to make it a self-perpetuating organization. Mr, Redman asked if that meant that there would be something more than taking care of children and Mrs._Rich replied in the negative. The Chairman asked if they had looked around other locations for apossible site and Mrs. Rich said that they had contacted all the real estate men in Lexington, had inspected barns and various properties, but this one seemed to be best suited for their requirements. Mr. Roeder asked how long the permit would ba- granted for. The Chairman said that in a permit of this type it would probably continue so long as the present group operated the school and as long as it was not a nuisance to the neigh- borhood. He said that it would not extend to the property beyond the time this group operated. Mrs. Philips asked if the zoning would be changed and the Chairman explained that if the permit were granted it would merely be a variation in the application of the zoning law. The hearing was declared closed at 8:40 P. M. The evidence presented was considered by the Board and the Chairman asked if the members of the Board were ready to make a decision. The members felt that sufficient information had been given and upon motion of Mr. Brown, seconded by Mr. Redman, it was unanimously voted that the petition be granted • 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 Community Nursery School, Inc., 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 amd also adver- tised in the Lexington Minute -Man, a newspaper published in Lexington, which hearing was held in the Selectments Room, in the Town Office Building on the 13th day of July, 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 a vidence was offered on behalf of the petitioner tending to show; That the Community Nursery School, Inc., a non-profit organization, desired to pur- chase the property at 2173 Massachusetts Avenue, and operate on these premises a nursery and kindergarten school; that the school is to accomodate not over 75 children ranging in age from approximately 22 years to 6 years; that it was proposed to keep open five days a week between the hours of 9:00 A. M. to 4:00 P. M. during that portion of the year approximating the public school term and possibly through the summer months; • that there would be a student instructor and a mother on duty at all times, such a group normally taking care of a maximum of.,20 children; that there was adequate room on the premises to take care of the children; that the building was not to be 234 .3 used for residential purposes; that ne cessary additional toilet facilities would be provided; that there would be no extensive remodelling and none outside of the building. Mr, Donald Nickerson, 2198 Massachusetts Avenue, stated that he would be opposed to the granting of the petition unless adequate fencing was provided to enclose the play area so that the safety of the children would not be imperiled. At the close of the hearing the Board in private session on July 131, 1945, 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 substahtially 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 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 the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as maybe necessary to permit the Community Nursery School Ine6rporated to occupy the premises at 2173 Mass Avenue for a nursery and kindergarten school to accomodate not more than 75 children between the ages of approximately 2J and 6 years, subject to the following conditions: That this permit shall continue only while the premises are owned by the Community Nursery School Incorporated and so long as Dorothy P, Rich is actively associated with the corporation of the school; that the school hours shall be between 9:00 A.M. and 4:00 P. 84., five days a week; that proper toilet facilities shall be installed; that the play area to be used by the children shall be adequately fenced; that there shall be competent supervision to prevent the children from becoming a nuisance to the neighborhood; that there shall be no parking of automobiles adjacent to the premises on Massachusetts Avenue and Cedar Street,• that the area occupied shall be kept in a neat and clean condition at all times; that there shall be no structural changes in the outside of the building. 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 235 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 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) Errol H, Locke J. Milton Brown Arden L. Ripley Lester T. Redman Walter C. Ballard 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 mailing on the 28th day of June, 1945, to Converse & Audrey Hill, Catherine A. Kimball, Robert P. Trask, William R. & Eleanor P. Rosenberger, George E. & Helen C. Kirk, Laura H. Kelley, Clara A. Hill, Edith D. Bowker, Emily C. Collins, Katherine Ross, Mary H, Green, Carolyn L. Nickerson, Emma W. Piper, George M. & Emilie A. Fuller, Hannah B. Brest in, Frank P. & Mary E. Rycroft, Ruth V, Ready, Helen A, McCaffrey, Robert C. & Mary E. McAnaul, Catherine L. & Helean E. Ready, George F. & Anna F. Vaughan, Dennie McNamara, John Sullivan, and also advertised in the Lexington Minute -Man on June 28, 19459 a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals June 220 1945 To the Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen; The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, C hapten 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. 2173 Mass. Ave., owned by Catherine Ross of Lexington by permitting the following; Nursery School and Kindergarten. Community Nursery School, Incorporated by Dorothy P. Rich 41 Woodland Road Lexington, Mass. N 0 T I C E June 280 1945 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of the Community Nursery School, Incorporated for permission to maintain and operate a nursery school and kindergarten on the premises located at 2173 Massachusetts Avenue, Lexington, under the Lexington Zoning By-law and in accordance with General Laws, Chapter 40, Sections 25 to 30 as amended. The hearing will be held on July 132 1945, at 8;00 P. M. in the Selectments Boom, Town Office Building, Lexington, Mass, Winthrop H. Bowker Chairman, Board of Appeals The records of the meetings held on June 89 1945, and June 22, 1945, were declared approved. The meeting adjourned at 9;45 P. M. A true record, Attest; J Clerk, Board of Appeals. • •