HomeMy WebLinkAbout1937-09-10c^
BOARD OF APPEALS ITEETTNG '
September 10, 1937
A meeting of the Board of Appeals was held in the'Sel-
ectmen's Room, Town Office Building, at 8:00 P. M. Chair-
man Yaddison, Mr. Robbins, and Associate Members Locke and
Lyons were present. The secretary was also present.
At 8:00 P. M* hearing was declared open upon the appli-
cation of Esther R. Barnes et als for permission to maintain
a private hospital and sanatorium for convalescing and re-
tarded children at 1557 Mass. Ave., Lexington.
The notice of the hearing was read by Clerk Robbins.
Mr. & Mrs. O'Keefe, the tenants of the property, and
Judge Pierre Northrup, representing Mrs. Barnes, were present
at the hearing.
Judge Northrup said that he represented the Barnes heirs.
He said that Dr. Eley was a child specialist and that it was
his intention to conduct on the premises � hospital or sana-
torium for the care of little children. here are four
children there now, and the limit would probably be eight,
They are about three years of age, He said that the place ,
would be operated by Mrs. Lila U. O'Keefe, and it would have
to be licensed by the Commonwealth. He said that Mrs. OtKeefe
would run the place for Dr. Eley. He has inspected the house
and told the Board that it had been fixed up very nicely.
Judge Northrup said that Mrs. OtKeefe had been in Arlington
for a number of years, in a residential zone, and there never
was a complaint. Judge Northrup said that although the Barnes
-property was in a residential zone, the Board must admit ihat
it should be business property. Sometime after the Cary Mem-
orial Building was finished, Northrup was informed that the
Board of Selectmen came to Dr. Barnes and told him that it
did not like to have stores right next to the building, and
Dr. Barnes voluntarily agreed to put it in a residential
zone. Judge Northrup said that there was business on all
sides of the property. He said that even if it was strictly
residential, he could not see how there would be any objection.
Judge Northrup invited the Board to go down and look at
the place. He said he believed that people ought to be en-
titled to use their property in any way they wanted to, pro-
vided it was not detrimental to the Town or any individual.
He thought that the character of the neighborhood would
warrant the use of the property for even more than that which
they wanted to use it for. He said that it was a two family
house, and it has been used as such constantly up until .
Dr. Barnest death.
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' Judge Northrup said that Dr. Eley specialized in younger
children, and that not more than ten children would be cared
for at any one time under any circumstances. He said that
Mrs. O'Keefe had never taken children over three years of age.
The Chairman asked where her place was located at Arling-
ton, and Mrs. O'Keefe said that it was located at 36 Surry
Road, Arlington Heights.
The Chairman asked if she would have the same sort of a
sanatorium in Lexington that she had there, and she replied in
the affirmative.
The Chairman asked what she called retarded children, and
Mrs. OtKeefe said that they were children that were mentally
ill.
The Chairman asked what the largest number was that she
had cared for, and she said that seven was the largest number
that she had had at one time. Mrs. O'Keefe said that she
did not care for children with contagious diseases.
The Chairman asked if Dr. Eley was the physician in charge
in Arlinon, and she replied in the affirmative.
The Uhairman asked how often Dr. Eley visited the home,
and she replied that he visited once a month, regularly, and
sometimes every two weeks.
The Chairman asked Mrs. O'Keefe if she was a registered
nurse, and she said that she was. She said that her husband
lived there, but did not help with the work. She has one
' sister who is a graduate nurse, and two sisters that are now.
in training, but who make their home with her.
Mrs. O'Keefe said that Dr. Richard C, Eley had an office
on Longwood Avenue, and Vias on the staff at the Children's
Hospital.
The Chairman asked if the children stayed with t+•Irs. O'Keefe
after they had practically convalesced, or if they went to
their homes. She said that they stayed with her until they
reached the age limit, which was ten years of age.
The Chairman asked to what extent the children would be
outside. Mrs. O'Keefe said that the children that would be
allowed out would be in the back yard, and would be the
practically normal children. The others are kept in a sun
room, and are not allowed out.
Mr. Lyons asked how long airs. O'Keefe had been in Arlington,
and she said that she had been there three years, and that she
had been in the Children's Hospital before that.
No other persons wished to be recorded in favor of the
granting of the petition.
Mrs. Virginia L. Leavitt of 1568 Mass. Ave. asked if the
zone would be changed if this petition was granted, and the
Chairman replied in the negative.
11r. Locke asked if Mrs. Barnes was going to live on the
property, and Judge Northrup said that she would not live there.
No one appeared in opposition and the hearing was declared
' closed.
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The Board discussed the matter, and asked the members of
the Board to look at the property. The Clerk was instructed
to request the Chief of Police to furnish a statement of
character on Mrs. OtKeefe from the Arlington police.
Mr, Lyons moved that decision on the petition be deferred
until September 24th. Mr. Locke seconded the motion, and it
was so voted.
At 8:15 P. M. hearing was declared open upon the petition
of Jeanette Lemke for permission to construct and maintain a
lubricatoriu-6 at 329 Mass. Ave., Lexington.
The notice of the hearing was read by the Clerk.
Mr. M. J Aruda, the occupant of the premises, appeared in
favor of the granting of the petition.
Mr, Aruda said that he leased the property from Mrs. Lemke.
He said that he greased quite a few cars in the summer, and
did the work outside. It is too cold in the winter to do
this, but he wanted to continue, with the work, and so desired
a lubricatorium. The property is in the business zone.
Mr. Aruda said that he had six gasolene pumps, and he thought
that they had been there about seven years.
Mr. Locke asked if Aruda 'thought he would have year-round
business if this petition was granted, and Aruda answered
in the affirmative. He said that with the new Concord high-
way, he needed all the business he could get. I3e said that
the lubricatorium would be 171 by 221, brick in front and
concrete blocks on the sides, The present building is
painted white.
The Chairman asked if he had an estimate of what this
would cost. Aruda said that the building would cost about
4750.00,, would be plastered inside, wire -lathed, and fire-
proof. the sides will be 12" cement blocks.
Mr. Lyons said that some time ago, he acted as counsel for
Mr. Aruda, but was not now acting as his counsel. The other
matter had nothing to do with this matter, but was in regard
to the leasing of the property.
Mr. James F. Prendergast said that he thought the Board
ought not act on this matter, as there was a court case pend-
ing now. He said that he was the former owner of the property,
and had a small building costing about y325.00, vAlich Aruda
tore down. The Chairman asked where that building was. He
replied that itjoined the buildin there now.
Mr. Lyons said that at one time he acted as counsel for
Mr. Prendergast, when he drew up the lease of the propert7.
The Chairman ruled that it was all right for Mr. Lyons
to continue to act on the petition.
The Chairman said that as a resident, Prendergast had the
privilege of opposing the granting of the petition. -Aruda
said that Prendergast was not a citizen of Lexington, and
Prendergast said that his legal residence was here.
Mr. Lyons asked Aruda if he had a lease from Mrs. Lemke,
and he said that he had a lease for five years from last March.
He said that Mrs. Lemke was going to erect the new building.
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Prendergast said that Aruda's lease with him did not
expire until October.
The Chairman reminded the group that the Board was acting
on the petition of Mrs. Lemke.
No other evidence being offered, the Chairman said that
the matter would be taken under advisement, and they retired.
Mr, myons moved that action on the petition be deferred
for two weeks. Mr. Locke seconded the motion, and it was so
voted.
The records of the meeting held on August 6th were approved.
The meeting adjourned at 8:50 P. ?,.
A true record, Attest:
R�W! M04*111,111
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