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HomeMy WebLinkAbout1937-05-28BOARD OF APPEALS 14EETING ' May 28, 1937. meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, at 8:00 P. M. Chairman Maddison, Messrs. Kimball, Glynn, berguson and Robbins were present. `.['he Acting Secretary was also present. At 8:00 P. M. hearing was declared open on the application cf Thomas M. Montague for permission to maintain an under- taker's office at 25 Depot Square, Lexington. The notice of the hearing was read by the Clerk. Mr. Montague appeared and stated that he desired permission to use the store next to the barber shop at Depot Square as an undertaker's office. He stated that the store was 16x40 in size. Mr. Maddison asked Mr. Montague if he had been doing bus- iness at his home on Bedford Street, and Yr. Montague said that he had not, that he used Marshall's place. However, the State laws insist that he have a place of his own and he de- sired to use the premises at 25 Depot Square more for an office and would continue to use Mr. Marshall's place. He stated that most of his funerals were conducted from the homes and that this office would be more or less of a storeroom for ' equipment. Mr. Glynn asked him what he had to have for equipment and he replied that he was required to have a sanitary table, which he always has had, and proper drainage, which the property at 25 Depot Square had. He stated that he intended to put two partitions in the store, one back about ten feet and the other ten feet in back of that. The back room will be a separate room in which he intends to put the sanitary table required by the State. In the front room, he intended to have a desk and the necessary office furniture. He stated that he desired to use the premises so that he could comply with the State laws. Mr. Ferguson asked Mr. Montague if he would take down the sign on his house if he were granted permission to maintain the office at Depot Square, and Mr. Montague replied that he would not take the sign down and that he did not intend to have a sign at the premises at Depot Square. No other persons appeared. in favor or in opposition and the hearing was declared closed. After discussing the matter, upon motion of Mr. Ferguson, seconded by Mr. Glynn, the Board voted to grant the application in the following form:. 1 17 BOARD OF APPEALS PERMIT The Board of Appeals.. acting under General Laws, Chapter 40, Sec. 27, having received a written petition add- ressed to it by Thomas M. Montague, a copy of which is here- to annexed, held a public hearing thereon of which notice was mailed to the v,,etitioner 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 Lexing- ton Minute -Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 28th day of May, 1937. All of the members of the Board of Hppeals 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 in order to obtain a license from the State to maintain an undertaker's establishment, it was necessary to have certain equipment and plumbing which he did not have at his residence and he had been doing his business at the establish- ment of A. A. Marshall & Bon; that he desired to locate his office at 25 Lepot Square, Lexington, and have the premises comply with the State laws although he would continue to use the rooms of A. A. Marshall & Son for his work. No one appeared in opposition. At the close of the hearing; the Board in private session May 28th, 1937, gave consideration to the subject of the peti- tion 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 ex- ception 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 re.ulations in the Lex- ington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting T,.enerally the Zoning district in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as tc the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially dero- gating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decided that the application of the said Lexington Zoning By - 1 u ' law is hereby varied so far as may be necessary to permit Thomas M. P,,Zontague to occupy the premises at 25 Depot Square, Lexington, for the maintenance of an undertaker's office. This permission is granted on the condition that the only signs within the 'l'own advertising Mr. Montague's business shall be located on the premises at 25 Lepot Square, Lexington. 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 hereinbe- fore 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 lexin;ton and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. The Boa d hereby mak a detailed cord of all Its pro edings rely ive to such etition and h eby sets forth tha the reason for its dec ion are its ndings here- inbefore s forth and a testimon presented at a said hearing, inc uding that rein summar ed, and diree s that this record i ediately fo owing this ecision shall e filed in the o ice of the wn `lerk of exington and hall be open to public inspection d that not e of this dec ion shall be mailed ftrthwith to ea h party in terest. ' BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) Arthur N. Maddison Edward V'J. Kimball C. Edward Glynn Howard Robbins Charles Ferguson I, Howard IN. Robbins, 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 6th day of May, 1937, to Lexington Trust Co., Lois M. and Lillian G. Marshall, George Scott, Anstiss S. Hunt et al, Boston and Lowell R. h. Corp., Edward H. Mara, Lillian L. Viano, Trustee, ueorge E. Smith et al, Daniel J. O'Connell, Lexington Savings Bank, The M. & L. Realty Co., and Thomas H. Montague,.and also advertised in the Lexington Minute -Elan on May 6, 1937, a notice of which the following is a true copy. Howard W. Robbins Jerk, Board of Appeals. n 19 P7 May 4th, 1937. 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 vary the application of section 9A of the Lexington Zoning By-law with respect to the premises at No. 25 Depot Sq., owned by Scott realty Co. of Cambridge, Mass. by per- mitting the following: MaintenEnce of an undertaker's office. N 0 T I C E Thomas 14 Montague, 21 Bedford Street Lexington May 5, 1937. Lexington, Mass. (Signature) (Address) The Board of Appeals will hold a hearing on the matter of varying the afplication of the Zoning Law by permitting on the premises owned by George Scott and located at 25 Bepot Square, Lexington, the maintenance of an undertaker's office by Thomas M. Montague, under the Lexington Zoning Law or in accordance with Chapter 40, 6ection 27A of the General Laws and amendments. The hearing will be held at the Selectmen's Room, Town Office Building, on May 28th, 1937, at 8:00 o'clock P. M. Arthur N. Maddison, Chairman, Board of Appeals. The records of the meeting held on May 14th were approved with corrections. The Board then discussed the application of J. Willard Hayden for permission to construct and maintain charitable institutions for the care and support of children, also greenhouses, playgrounds and recreation buildings incident thereto, at No. 110 Shade Street and extending to and along Weston Street. Messrs. Maddison, Glynn, Kimball and Robbins all voting in favor, it was voted to grant the permit as follows: C) rpw 1 21 BOARD OF APPEALS PERMIT. The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written Petition addressed to it by J. Willard Hayden, 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 Lexington Minute -Man, a newspaper published in Lexington, which hearing was held in the "electmen's xoom, in the town Office Building on the 14th day of Lay, 1937. Three members and one associate member 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 desired permission to construct and maintain char- itable institutions for the care and support of children with accessory buildings and playgrounds incidental thereto on land owned by him and numbered 110 Shade Street, extending to and along uveston Street; that he intended to remodel the present building on the property which he formerly used ' as his residence, into a new home for himself and family and he did not want to construct the new building or alter the residence unless he was assured that he would have the priv- ilege of leaving the place to be carried on after his death as he intended to do before his death. He planned to acco- modate children for two to six week periods. He planned to clear up the premises and landscape them and any structures for the children would be residential in appearance. A representative of the West Lexington Civic Improve- ment Association stated that a meeting of the Association had been held and asked him to appear in favor of granting the petition. Others spoke in favor of granting the petition. One op.1onent to the granting of the petition stated that he was not in favor of granting the petition as he thought It would hurt his property, and two fetters were received from non-residents in opposition. At the close of the hearing the Board in private session on May 28th2 1937, gave considerati-on to the subject of the petition and voted unanimously in favor of the follow- ing findings: 1. That in its judgment the public convenience and welfare will be substantially served by the making of the ' exception requested. 22 o� 2. 'hat 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 ZonI.ng 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 Bylaw as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substRntially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to grant the petition of J. Willard Hayden that the Board permit on the premises owned by him bounded by Shade Street and Weston Street and containing approximately 65 acres, the construction and maintenance by him, his heirs, executors, administrators or assigns of chartiable insti- tutions for the care and support of children, greenhouses, playgrounds and recreation buildings accessory thereto, ' subject to the following conditions: 1. That arrangements be made during the lifetime of the petitioner or that of his wife, N. Blanche Hayden, to locate thereon such charitable institutions and the structures described incident thereto. 2. That the buildings to be erected shall be residential in appearance rather than institutional. 3. That the main building of the charitable institu- tion shall be set back at least seventy-five (75) feet from Shade Street and at least seventy-five (75) feet from Weston Street. 4. That the premises shall not be used for cormetional, diseased, or psychopathic cases. 5. That no more than seventy-five children shall be cared for or xnpported on said premises at any one time and when off the premises shall be under competent supervision. 6. That except as hereinprovided, the buildings, , maintenance of them and the activities i.hcidental thereto, shall be such as will not be detrimental to a residential area. 23 ' 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 testimoney 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 instlection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF' APP; -'ALS OF LEXINGTON (Appointed under G.L. Ch. 40, Sec. 27) A. N. Maddison John A. Lyons C. Edward Glynn Edward W. Kimball Howard W. Robbins I, C. Edward Glynn, 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 the 29th day of April, 1937, to Axel and Benning W. Swenson, William P. Compton, heirs of, Charles W. Ryder, Charles W. and Robert L. Ryder, George A. Knox, Jr., Alice E. Fowler, Robert C. and Jane C. Boleyn, W. Alden & Gladys A. Burrell, Norman E. and Grace A. Stockhaus, Mary W. Pippette, Charles A. Holmes, Ethel M. Clemner, Stephen D. Klyce, Jessie F. Holbrook, Neil McIntosh, Clifton Glidden, William L. Linney, Allen H. Stockton, Bertha P. Ohman, H. Rodney Brooke, William P. & Ora L. Knecht, Carrie E. Goss, Archibald Patterson, Dennis P. & bora A. 01 Brien, Harry M. & Elizabeth J. Starratt, Medric A. Caissie, Cosmas V. & Blaine Cosmades, Augusta M. Delander, Jesse B. Goss, and J. Willard nayden, Axel H. & Jessie 1. Gren, Edward G. Hughes, Lawson W. ALorris, Thaddeus T. & Alice C. Meehan, Peter G. Gaudun, Sergie and Cecilia P. Gaposchkin, Anna C. Andresen, and Charles 0. Nichols, and also advertised in the Lexington Minute Man on April 29th, 1937, a notice of which the following is a true copy. C. Edward Ulynn Clerk, Pro -tem., BcarJ of Apt,eals. April 27, 1937. Lexington Board of. Appeals Town office Building ' Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed uhder General Laws, Chapter 40, 24 Section 27, to vary the application of section 9A of the Lexington Zoning By-law with respect to the premises at No. 116 Shade Street and extending to and along Weston Street, opened by J. Willard Hayden of Lexington, said premises having an area of seventy-five acres, more or less, by permitting the following: Namely, charitable institutions for the care and support of children, greenhouses, playgrounds and recreation building incident thereto. J. Willard Hayden, Signature 75 Federal St.Boston, Address. PJ 0 T I C E April 29, 1937. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by J. Willard Hayden and located at No. 110 Shade Street and extending to and along Weston Street, the construction and maintenance of chartiable institutions for the care and support of children; greenhouses, playgrounds and recreation buildings incident thereto, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held at the Selectmen's Room, Town Office Building, on May 14, 1937, at 8:00 o'clock P.M. Arthur N. Maddison, Chairman, Board of Appeals. Mr. Lyons also asked to be recorded in favor. The meeting adjourned at 10:30 P.M. A true record, Attest: *t4�'A/Clerk. J 1 1