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HomeMy WebLinkAbout1930-01-03Jane L. Quinn applica- tion. BOARD OF APPEALS MEETING January 3, 1930 A meeting of the Board of Appeals was held at the Town Office Building at 7:30 P.M. Messrs. Maddison, Baldrey, Slocomb, Glynn and Custance were present. Hearing was declared open on the application of Jane L. Quinn, owner of the property situated on Spring Street, near Concord Avenue, known as the Theodore A. Parker homestead, for permission to use the home for convalescents, elderly people and invalids. The Clerk read the notice of the hearing. Dr. Dora W. Faxon was present and explained that she desired to purchase the Quinn property for a home in the future, but at the present time, she could not afford not to have an income from the property. She explained that the house is not a large one and she did not expect to keep more than eight or ten patients. She explained that she had been a practising physician for 25 years and could give credentials. She had a sanatorium in West Newton where she was considered an asset to the neighborhood. When asked if it was her intention to enlarge the house, she stated that as time went on, there is a partly developed frame of a house that she might want to develop and take a few more patients, but that house has not more than eight rooms, and the house as it is could accommodate not more than eight patients.' Mr. C.E. McCarthy appeared representing Dr. Wright, who is at present in the South and cold not be at the hearing. Dr. Faxon explained that she did not desire to take tubercular cases and that her work has been always upon mental cases, but this move is entirely away from mental cases. Mr. McCarthy stated that from a telegram received from Dr. Wright, the latter wished to know the facts about the use of the building, whether it was to be used for nervous, mental or tubercular cases, and if so that was his objection. He did not desire to restrain Dr. Faxon from the use of the property, but he felt they should be safeguarded. Dr. Faxon asked whether or not Dr. Wright boarded patients in her home on Concord Avenue. Mr. McCarthy stated that he was not aware that Dr. Wright boarded cases at her home on Concord Avenue and that she was now in Florida and there was no-one in charge of her house, and he did not believe this was so, but he could find out definitely and inform the Board of Appeals. Mr. McCarthy felt that the granting of the use of these premises for a sanatorium might establish a precedent for its use as such, and that once it was established, it might be used for any type of case. 29 He did not question that Dr. Faxon might use the place for other cases, but he felt that it is entirely conceivable that it might be used as a mental or tubercular home, but if it is to be used entirely for surgical operations and cases of that kind, and not for tubercular, mental or nervous disorders, they would have no objections. He also felt that a variation of the Zoning Law should have proper restrictions, inasmuch as he felt that a license runs with the land and not with the owner of the property. Mr. Joseph Hopkins, a representative of the Housing Company of Boston was present and stated that his Company owned 80-100 acres of land adjoining the land that Mrs. Faxon intends to purchase on Concord Avenue, and that the Company had in mind selling the land for one -family houses from $22,000 - $25,000 in v valuation. They therefore, wished to register objection inasmuch as they felt that anything in the nature of a home or hospital would leave an impression in the minds of persons intending to purchase property in the vicinity, and keep people away. Mr. Hopkins stated that his Company purchased the property about 15 years ago. Mrs. Quinn stated that she was informed that Dr. Wright was now the owner of the property claimed to be owned by the Housing Company, and this property backs up to the Fuller property at the back of the hill and does not touch her property. Mr. Hopkins stated that the Housing Company had had no knowledge of any option on the property up to 5 o'clock when he had left the office this evening. The hearing was declared closed and after discussing the application, the Board passed the order of the findings as follows: The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Jane L. Quinn, 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 ai they appear on the most recent local tax list, and also advertised in the Lexington Times -Minute Man, a newspaper published in Lexingtonw which hearing was held in the Selectmen's Room in the Town Office Building on Friday the third day of January 1930, at eight o'clock P. All the 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 Dora W. Faxon is desirous of purchasing the property referred to providing she can use the same for a home for convalescents, elderly people and invalids in which case she would not take as patients persons suffering ff+om mental diseases or tuberculosis, and evidence was offered on behalf of 30 citizens opposing the granting of the said petition tending to show that it would be detrimental to the neighborhood to have such a sanatorium to take as patients persons suffering from mental or nervous disorders or tuberculosis. 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 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-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would involve practical difficulty and unnecessary hardship and the relbf requested may be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to said evidence the Board hereby grants the said petition of Jane L. Quinn of Lexington to vary the application of'the Lexington Zoning By- law to the extent that the said Theodore Parker Homestead, substantially as now exi's tin T, may be used by Dora W. Faxon as a home for convalescents and elderly people and invalids so long as said Dora W. Faxon owns and manages said home, but not for a period longer than ten years from January 3, 1930, it being understood that said Dora W. Faxon is not to take as patients any persons suffering from mental or nervous disorders or tuberculosis. 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 decisions shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, sec. 27) Arthur N. Maddison Roland" W. Baldrey Theodore A. Custance Curlys L. Slocum C. Edward Glynn. 31 I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on December 18, 1929 to Jane LQuinn, Housing Company, Alex and Henning Swenson, Carrie L. Pilkington & Florence Baldwin, Elizabeth Wright, Clarence H. Cutler, and also published in the Lexington Times -Minute Man onDecember 20, 1929 a notice of which the following is a true copy. Roland W. Baldrey Clerk. Spring Street Lexington, Mass. December 17, 1929. Mr. Arthur N. Maddison Chairman, Board of Appeals Lexington, Mass. Dear Sir: I wish to apply for permissionto maintain a home for convalescents, elderly people and invalids at the Theodore Parker home on Spring Street near Concord Avenue, owned by me. Very sincerely yours, Jane L. Quinn. N OTICE Lexington,Mass. December 16, 1929. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of the property situated on Spring Street near Concord Avenue,'known as the Theodore Parker Homestead, and owned by Jane L. Quinn, as a home for convalescents, elderly people and invalids, in acco^dance with mub-section 6 B of Section 4 being "Permitted Uses" in R. 1 Districts and Section 9 of the Zoning Law of the Town, and Chapter 133, Acts of 1924. The hearing will be held on January 3, 1930 at 8 P.M. at the Selectmen's Office, Town Office Building. Arthur N. Maddison Chairman, Board of Appeals. 09 Hearing was declared open on the application of Agnes M. Schlichte, owner of property at 132 Follen Road, for permission to use her home as a physician's office and sanatorium. Schlichte hearing. The Clerk read the notice of the hearing. Dr. Schlichte stated that her intention is to use her house for five aged women. She stated that she had a home consisting of 15 rooms; this was her private home and she did not intend to make any alterations or changes in the premises, but she desired to have her physician's office in the home. She stated that she was a practising physician at the present time, but she had no office in any particular location. Dr. Schlichte stated that she would not mind having restrictions placed upon the permit if it were granted, so much as the restrictions spoken of at the present hearing.. She did not know of any restrictions in the deed of her property that would not allow her to operate a sanatorium on,the premises, but she believed- that Mr. George F. Harrington, from whom the land was bought could make a statement to that effect. Mr. George F. Harrington stated that he sold the land about four years ago and understood that nothing but a single family dwelling house would be erected on the property and the restrictions stated that there could be no mercantile or manufacturing business carried on in the premises. A copy of the restrictions on the premises was presented and read, and it was brought out that at the same time the property was sold to Dr. Schlichte, other parties in the vicinity purchased land under the samll,estrictions. Mr. James G. Robertson stated that the Company he was interested in owns land which abutts upon this property. This land is well restricted; he did not know whether the Harrington land was restricted or not, but the restrictions on the property owned by the Company he was interested in would not allow a sanatorium. One objection would be that a sanatorium would lower the valuations in the immediate neighborhood; the land wo_zld not sell so readily. He felt that there are already sufficient sanatoriums in or near the line of the Town, such as the Veterans' Hospital in Bedford, the Middlesex County Sanatorium and the State Medal Disease Hospital near the Waltham line, and he would object to other sanatoriums being located in the Town whether they be on Follen Heights or any other place. He felt that we should guard ourselves against any more places of this kind. He wished to register his objection in the name of the State Holding Company. Mr. George F. Harrington opposed the use of the property for this purpose. Mr. Francis Chamberlain objected on the same grounds as Mr. Robertson. He felt that the Sanatorium would be a hinderance to the development of the whole hill. Since he purchased his property, he has expended considerable money in developing it as did also Mr. H. Dudley Murphy and they believed that the whole top of the hill would be developed in the same manner. They were present when the Zoning Law was passed and the intention was shown to restrict and maintain this sdction as a residential district. Mr. H. Dudley Murphy stated that he built the first house on .the hill after the development was made by Bliss and Tower. He purchased his land from Mr. F. D. Peirce who acted as Agent for Mr. Bliss. He was assured at that time that the restrictions were so placed on all of the land to protect the hill from any undesirable development, and he would never have tried to build there if he thought anything of this nature would be built in the distric. He felt that it woald be an injury to all of the premises on the hill, and'a very great mistake for the Town to make to allow it. Mr. Warren G. Lawson stated that he p:zrchased his land from Mr. George F. Harrington, the same man from whom Dr. Schlichte purchased her property, and he presented the copy of the restrictions and the deed which stated that no mercantile or manufacturing business would be allowed on the premises. He thought for this reason that Dr. Schlichte would not have any right to use the ptoperty for any business purpose. Mrs. Carey Pridham also registered her objection. Letter was received from J. R. and. L. M. Wilkins registering their objection to the use of the property at 132 Follen Road as a sanatorium. Ernest and Virginia K. Cutter also wrote a letter of objection. The letters were read to the meeting. Dr. Schlichte stated that the Wilkins family engaged in commercial enterprise themselves. Mr. Arthur N. Maddison asked whether or not the persons opposed to this petition opposed the physician's office as well as the sanatorium. The parties present objected to the physician's office also. Mr. Warren G. Lawson stated that he was on the original Zoning Committee when the Zoning Law was made, and he believed that it should be adhered to. Miss Jeanne E. LeMay and Mrs. Katherine L. Allcock registered their objection with the Secretary after the meeting was closed. No other persons appeared to object. The hearing was declared closed at 10 P.M., and after discussing the application, the Board passed the order of the findings as follows: The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Agnes M. Schlichte, 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 Lexinton Times -Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on Friday the third day of January, 1930 at 8:15 P.M. All of the 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 her reasons for desiring the varying of the Zoning Law by permitting the use of property owned by her at 132 Pollen Road as a physician's office and sanatorium in accordance with sub -section 6 B of Section 4 being "Permitted Uses" in R 1 districts and Section 9 of the Zoning Law of the Town, and Chapter 133, Acts of 1924, and that if the petition were granted she would not take patients suffering from mental trouble or tuberculosis and that her intention was to take as patients elderly people, and evidence was offered on behalf of citizens opposing the granting of the said petitio tending to show that such use of the property would be detrimental to other property in the neighborhood and depreciate the value of the same. 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 findings: 1. That in its judgment the public convenience and welfare will not 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. 1 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 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 Agnes M. Schlichte of Lexington to vary the application of the Lexington Zoning By-law. 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. Ch. 40 sec. 27) Arthur N. Maddison Roland W. Baidrey Theodore A. Custance Curlys L. Slocum C. Edward Glynn. I, Roland W. Baldrey, Clerk of the Board of Appeals, of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registered mail on the nineteenth day of December, 1929 to Agnes M. Schlichte, M. C., James G. Prout, Mary S. Maranhas, Grace E. Blake, Lillian M. Wilkins, Robert J. Kelley, H. Dudley Murphy, Virginia K. Cutter, Arthur H. Parker, Warren G. and Rena M. Lawson, Jeanne E. LeMay, Edward J. & Katherine M. Brown, George F. Harrington, Thomas F. Bishop, Adm., Katherine L. Allooek, Francis &Dorothy Chamberlain, A. C. Allen Chamberlain, and also published 1n the Lexington Times -Minute Man on December 20, 1929 a'notice of which the following is a true copy. December 18, 1929 Board of Appeals Town of Lexington Gentlemen I hereby request that an exception be made to the Zoning laws whereby I may be allowed to establish a physician's office and sanatorium at my residence 132 Follen Road. Respectfully, Agnes Muldoon Schlichte, M.D. NOTICE Lexington, Mass. December 19, 1929. The Board of Appeals will hold a hearing on the matter of varying the application of the Zonigg Law by permitting the use of the property situated at 132 Follen Road and owned by Agnes M. Schlichte as a physician's office and sanatorium, in accordance with sub -section 6 B of Section 4 being "Permitted Uses" in R 1 Districts and Section 9 of the Zoning Law of the Town, and Chapter 133, Acts of 1924. The hearing will be held on January 3, 1930 at 8:15 P.M. at the Selectmen's Room, Town Office Building. A true record, Attest; Arthur N. Maddison Chairman, Board of Appeals. Clerk.