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HomeMy WebLinkAbout1937-09-24 61 BOARD OF APPEALS MEETING Sept . 24, 1937. A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8:00 P. L. Messrs. Kimball, Robbins and Locke were present. Inasmuch as Chairman Maddison did not sit on the Board at the hearing, Mr. Kimball acted as Chairman Pro-tem. The Acting Sec- retary was also present. At 8:00 P. M. hearing was declared open on the application of Abbie E. Stevens for permission to maintain a nursery school to be operated by Mrs. C . L. Cooledge on the premises at 25 Highland Avenue. The Clerk read the notice of the hearing. Mrs. Stevens was present and stated that Mrs. Cooledge had come to her and said that she understood Mrs . Stevens had an extra room and wondered if she would be willing to rent one or two rooms for a nursery school. Mrs. Stevens said that she thought it was a good idea and she would like to make use of the rooms to obtain a little extra income. Mra Cooledge stated that she desired to rent a room on the second floor with the use of a lavatory and the use of the outdoor yard. She stated that a nursery school is a school for children under kindergarten age. They are taught music, handwork, physical culture and have supervised play periods. ''he would like to have the school located back from the street, where there would be plenty of sun and ventilation and felt that Mrs. Stevens had a suitable place for such a school. She stated that it would be conducted as it has been under the guidance of the Misses Thomas, who maintained the school at the corner of Waltham Street and Vine Brook Road. Mrs. Kimball asked Mrs . Cooledge how many children she would hone to have as a maximum and Mrs . Cooledge stated that the maximum humber would be fifteen and they would be children not over five years of age . Mr. Kimball asked her if she had the necessary fire protection at this location, and she replied that she felt the house would meet all the necessary require- ments as there were two large stairways easily accessable and large windows opening out onto a roof over the porch. IIr. Robert H. Holt was present and stated that he was not at the hearing as Attorney for Mrs . Cooledge, but merely wished to speak in favor of the petition. He stated that he knew the two Thomas girls, who previously conducted the nursery school, very well. His daughter attended the school and he thought it was a fine thing for children and a good thing for the Town to have. Mr. Holt stated that last summer both the Thomas girls 62 were married, which brought the school to a conclusion as far as they were concerned, and as far as Pe=r. Holt' s having any further need of the school, that was also concluded when his daughter finished school there, but he was interested in the desirability of having such a school in the Town. He felt that the property on Highland Avenue was more desirable than the property on Waltham Street as there was less traffic and a better yard for the children to play in. So far as the neighborhood was concerned, he did not see how it could possible be objection- able to anyone living in the vicinity as the children will not be large enough to make much noise or cause any damage to property. He stated that he understood that there were one or two people who objected to the petition and that their objection was not to having the school, but rather to what they felt was a variation or modification of the Zoning Law having the fear that if it were relaxed in this case for this purpose that it would be difficult to stem the tide if some less desirable application were made. P;ir. Holt looked over the Zoning Law and as he understood it, subject to the provisions of Section 9, private schools were specifically provided for and included in the uses allowed in R. 1 districts. He therefor did not feel that it was a variation of the Zoning Law to grant the application, it was simply permitting a use which the Zoning Law permits with the consent of the Board. He felt that this might make a difference to the persons who objected on the grounds that granting the petition would mean varying or modifying the Zoning Law. Mr. Kimball asked Yrs . Cooledge if she intended to have assistance, or if she was going to conduct the school alone, and she stated that she could handle as many as seven children herself but that if she had more, she would probably need an assistant from the training school in Boston. T21r. Ki^_ball asked if there were any residences close to the back yard, and Mrs . ''tevens said that there was one neighbor who lived right across the garden and heves present at the hearing. Mr. Arthur L. Graves, the closest neighbor, stated that he had no objection to the granting of the petition. He asked the Chairman Pro-tem, however, if the permit were revokable at any time. The Chairman Pro-tem replied that the Board of Appeals could impose any restrictions upon the permit that it saw fit, Mr. C . L. Cooledge spoke in favor of the granting of the petition and stated that Mrs. Cooledge desired the location at 25 Highland Avenue because it was in a residen- tial district where there was less traffic hazard. 63 Mr. Stevens stated that he was asked if the school wasoing to be open all day and that he wished to inform the Board that it would only be open in the morning from about 8:30 A. to 12:00 noon. Mrs. Cooledge presented a letter which she had received from Miss Hilda Lothrop who conducts a kindergarten in the vicinity stating that she had no objection to the granting of the petition and did not feel that the school, if permitted, would in any way interfere with her kindergarten. Mr. Liraves asked Mrs. Cooledge if the school Miss Lothrop had this summer had children of the age that she would have if the permit were granted, and Mrs. Cooledge stated that Miss Lothrop conducted a play group this summer and not a nursery school. A play group is merely supervised play and Miss Lothrop did this work during the summer merely to fill in between the opening and closing of her kindergarten. No persons appeared in opposition. Yr. Kimball read two letters received in opposition, one from Mr. & Mrs. Manley I. Cobb and the other from Mrs. Alice R. Ferguson. The hearing was declared closed. Upon motion of Mr. Locke, seconded by Mr. Robbins, it was voted to grant the permit in the following form: 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 Abbie E. Stevens, 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 hear- ing was held in the Selectmen' s Room, in the sown Office Building on the 24th day of September, 1937. Four 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 shows That Mrs . Cooledge had purchased the Nursery School formerly owned by the Thomas sisters on the corner of Waltham Street and Vine brook Road; that she desired a quieter neigh- borhood with less passing of automobiles for the safety and convenience of the children and parents; that she had made 64 Cx7 1' arrangements with Mrs . Stevens to carry on the school subject to the permit being granted by the Board of Appeals; that her pupils were from two to five years of age and would not exceed 15 in number; that the hours of the school would be from 8:30 A . M. to 12:00 noon; that the school being on the second floor, there are ample exits and two stairways and large windows opening onto a ].ow roof. Several neighbors, including the one immediately adjoin- ing on Bloomfield Street, appeared in favor of granting the petition. No persons appeared in opposition. Two letters were received in opposition. At the close of the hearing the Board in private session on Sept. 24, 1937 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 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 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 on the pro- visions of the Lexington Zoning 15y-law as to the locus in question would involve substantial hardship to the petition- er and that desirable relief may be granted without sub- stantially 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 said Lexington Zoning By-law is hereby varied so far as may be necessary to permit: Mrs . Abbie H. Stevens to use a portion of the premises at 25 Highland Avenue for a private nursery school to be main- tained and directed by Yrs . C . L. Cooledge, subject to the following conditions : That not more than fifteen pupils shall be in attendance; that the hours of the sessions shall be between 8:30 A. M. and 12:00 noon; that the area surround- ing the house shall be kept in a neat and clean condition at all times . This permit shall run only so long as Mrs . Cooledge 65 shall be in charge and maintain the school, but in any event not more than one year from September 27th, 1937. 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 Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD reAlArLdS:All XINGTON (AppointeunG. h. 40,Sec . 27) Errol Le Edward . bal Howard . binC . Edwd nn John ALyI, Howard 4� . Robbins, Clerk ofpeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 2nd day of September, 1937, to Lexington Savings Bank, lizabeth C . Phelps, Roger D. and Christine F . Long, Nina F. McLellan, Daisy DeW. MacAlpine, Irthur C. and Dorothea S. Dodge, Edith R. Pierce, Bertha M. Trenholm, Ira F. and Verna R. Fuhrmann, Donald Wilson et al, Standley T. and Luella S . Cobb, William T. Crowther, Eleanor D. Blaser, George L. :?oulding, H. Webster and Wilhelmina G. Thomas, George A. Woods, I.ary V. Loring, Rhoda A. kilgour, Home Owners Loan Corp., Sarah A. Austin, Mary H. Stone, Florence A. Gilchreast, Edith D. Graves, Harry L. Vogt, Chester H. Lothrop, Priscilla D. Beveridge, John H. Devine, Anstiss S. and Mary D. Hunt, Basil F. and Gladys L. Hawkins, Arlington Five Cents Savings Bank, Edith R. Yeager, Ashburn C . Kilgour, heirs of, Liarion Brown, Etta S . Giles, Harry C. Fallis, Harold C . Ashley and 'lice L., George M. and Lucy `i. Butters, Henry C . and Della M. Gad, I inola M. Black, John E. and &race Id. Murray, Florence Sullivan, Tr., Louella F. Morang, Gertrude Harding, Irma L. Dowling, Alice R. Ferguson, Ellen S. Trowbrid,<e, Manfred F . ,Varren, Mildred H. Hilliard, Julia C. Ielligan, Kenneth C . and Lillian A . F. Ringer, GeorgieE. Locke, Mary E . Newell et al, E. Gertrude Sherburne, Irank W. Herrick, heirs of, Bertha T . Hastings, Charles L. Coburn, James H. Boynton, Rena B. Hanson, Dorris P. Capen, Samuel and Jennie I . Burgoyne, Frank Cronin, Annie 66 Iambi Harrington, Frederick H. and Dora L. Galloupe, John F. and Mary F. Dowd, Arthur H. and Minnie C. D. Maddison, Fred iN - and Lucy A. Miller, Ada H. Rowse, Oscar E. and Elizabeth 'ette, Beatrice H. Lamont, Grace F. Brown, v+illian: H. Driscoll, Charles W. and Robert L. lyder, Trs., Abbie E. Stevens, Mrs. C . L. Cooledge, and also advertised in the Lexington Minute-Man on Sept. 2nd, 1937, a notice of which the follow- ing is a true copy. HOWARD W. ROBB INS . Clerk, Board of Appeals. August 31, 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 highland Avenue owned by Abbie E. Stevens of Lexington by permitting the following: the rental of rooms for the maintenance of the Lexington Nursery School owned and directed by Mrs. C . L. Cooledge. Abbie E. Stevens (Signature) 25 Highland Ave. (Address) NOTICE Lexington, Mass. Sept. 1, 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 Abbie E. Stevens and located at 25 Highland Avenue, Lexington, the maintenance of a nursery school, under the Lexington Zoning Law ar in accordance with Chapter 40, Section 27 of the General Laws and amendments. the hearing will be held on September 24th, 1937, at 8:00 F. M. , in the Selectmen' s :oom, Town Office Building, Lexington, Mass. ARTHUR N. MADDISON Chairman, Board of Appeals. 67 The Board approved the records of the meetings held on September 10th and September 14th. The Board discussed the application of Jeanette Lemke for permission to construct and maintain a lubricatorium at 329 Mass. Avenue. New plans were presented by Mr. Aruda which had been approved by the Building Inspector. Upon motion of Mr. Kimball, seconded by Mr. Locke, it was voted to grant the petition in the following form, Yr. Lyons desiring to be recorded in favor: 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 Jeanette Lemke, 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 pLblished in Lexington, which hear- ing was held in the Selectmen' s Room, in the Town Office Building on the 10th day of September, 1937. Four members of the Board of Appeals were present at II the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That M. J. Aruda is lessee of the premises at 329 Mass . Ave- nue and Mrs . Lemke desires to build a lubricatorium in place of the present outside lubricatorium so that cars can be lubricated inside instead of outside as at present. Plans were presented showing the proposed,building which had met with the approval of the Building Inspector. James F. Prendergast appeared in opposition to the granting of the permit claiming that there was a Court case pending regarding the property. At the close of the hearing the Board in private session on September 24, 1937 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. p 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. 68 cm Cz7 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 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 unanimous- ly decides that the application of the said Lexington Zoning By law is hereby varied so far as may be necessary to permit Jeanette Lemke to construct the lubricatorium as shown on plans filed with the Board of Appeals subject to the follow- ing conditions: That the premises and land surrounding shall be kept in a clean and neat condition at all times; that no signs shall be placed on the property except with the approval of the Lexington Building Inspector. 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 herein- before 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) Edward W. Kimball Errol H. Locke Howard W. Robbins A. N. Maddison John A. Lyons 69 I, Howard W. 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 27th day of August 1937, to Aristides A. Stathopoulos, Antonio and Mary Chella, Francis and Mary Matulaitis, Suburban Land Co., Thomas C . LcArdle, and Thomas P . Killion, Harold P, Whelpley, John and Isabell Harwood, Monica A. Holland, Middle- sex ounty National Bank of Everett, Walter H. Lennon, Arl- ington Five Cents Savings Bank, Pasquale Luongo, Catherine Co Whalen, Medora R. Crosby, Ragna H. Goodmansen, Cambridge Trust Co., Mary Palladino, Adeline iIaruzzo Joseph and Nella Cristallo, Clotilde Bertini, Isaac S . and Annie I. Weaver, Elsie M. and Teorge L. Faulkner, Mary Alice Planning, George F. Melick, Adelina and Tony Zarrella, Hildur Schiorring, Elizabeth J. Dunn, Raphael and Maria Luongo, Francis J. and Mary E. Nevins, Helen and Emily J. Burke, James F. and Annie M. Prendergast, Herbert F. Ta•-1or and Edmond F. Dagnino, Trs ., Harry Sandler, Mariano Zarella, Medway Savings Bank, Ragnhild S. Garfield, Peter and Bertha Salvucci, Harold H. and Martha F. Hookway, Edith M. White, Calvin W. Childs, Lexington Co-op.-Bank, Boston & Lowell R. R., Mary C. Mullen, Manuel J. Aruda, and Jeanette Lemke, and also advertised in the Lexington Minute Man on August 26th, 1937, a notice of which the following is a true copy. HOWARD W. ROBBINS Ulerk,Board of Appeals Aug. 26, 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 9 A or G of the Lexington Zoning By-law with respect to the premises at No. 329 Mass. Avenue owned by Jeanette Lemke of Boston by permitting the following: Construction and maintenance of a lubricatorium (for greasing cars) . M. J. Aruda (Signature) 329 Mass . Ave . (Address) 70 NOTICE Lexington, Mass. August 26, 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 Jeanette Lemke, and located at 329 Mass. Ave., Lexington, the construction and maintenance of a lubricatorivm, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws and amendments . The hearing will be held on September 10th, 1937, at 8:15 P. M., in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N. Maddison Chairman, Board of Appeals. The Board discussed the application of Esther R. Barnes et ale for permission to maintain a private hospital and sanatorium for convalescing and retarded children at 1557 Mass. Avenue. Letters were received from the Board of Health nurse of Arlington and the Chief of Police of Lexington in regard to the character of Mrs . Lila G. O'Keefe, the person who is to maintain the hospital. Both letters recommended Mrs. O'Keefe and stated that she was a woman of excellent character. Upon motion of Mr. Kimball, seconded by Lr. Robbins, it was voted to grant the permit in the following form:, Mr. Lyons having asked to be recorded in favor: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chap- ter 40, Sec. 27, having received a written petition addressed to it by Esther R. Barnes et als, 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 Selectmen' s Room, in the Town Office Building on the 10th day of September, 1937. Four 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 she desired to lease the property at 1557 Mass. Avenue for the purpose of maintaining a private hos- pital and sanatorium for convalescing and retarded children to Mrs . Lila G. O'Keefe• that Mrs. O'Keefe has maintained a similar business at 36 curry Road, Arlington Heights for the 71 past three years; that her work would be supervised by Dr. Richard C . Eley, who is connected with the Children's Hos- pital in Boston; that he inspected the house at least once each month or more often; that the children she has had in the past have been mostly retarded cases; that the house is laid out very advantageously for her purpose with a large enclosed sun room on the second floor; that Lrs . 0'":Keefe is a graduate nurse. No one appeared in opposition. At the close of the hearing the Board in private session on September 24, 1937 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 be in harmony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 3. That the exception requested will not tend to impair the status of the neighborhood. 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 By-law as to the locus in question would involve substantial hardhsip to the petitioner and that desirable relief may be granted without substan- tially derogating from the intent or purpose of such Lex- ington Zoning By-law. Pursuant to the said findings, the Board hereby unanimous- ly decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Esther R. Barnes et als to occupy the property at 1557 ?bass. !:venue for a private hospital and sanatorium for convalescing and retarded children to be maintained by Lrs. Lila G . O'Keefe, subject to the following conditions: `!hat no patients having a contagious disease shall be admitted to the sanator- ium; that patients shall not be allowed in the space between the house and Mass . Avenue; that there will not be more than ten patients and not exceeding ten years of age in the sana- torium; that no signs shall be exhibited outside said premises; that should Richard C . Eley or a member of the staff of the Children's Hospital of Boston cease supervision of the sanato- 72 0.4 rium, or Mrs . Lila G. O'Keefe cease to supervise the same, then this permit shall terminate. This permit is only granted so long as there is no change in the title to the rroperty. 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) Errol H. Locke Edward W. Kimball Howard W. Robbins John A. Lvons A. N . Maddi s on I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sec- tion 27, hereby certify that I sent by postage certificate of mailing on the 25th day of August, 1937 to Daniel J. O'Connell, Patrick McLaughlin, Georgie E. Locke, James J. and Lucy Walsh, Bridget Leary et al, First Baptist Church, Everett H. and Virginia L. Leavitt, Edgar F. Thivierge, Bertha h. Baker, warren E. Russell, Philip Leaf, Ivar Ivarson, William Hunt et al, Carmelo Galvagno, Mr. and Mrs. Stephen Donnellan, Sebastian Colontropo, Dennis H. Collins, Annie G. Ahern, Cornelius Lyons, Margaret and Mary McCann, Elizabeth A. Silva, Carl F. Wallen et al, Catherine Vaughan, Annie M. Sullivan, Joseph Brown, Mary E. Reardon, Delia Mulvey, Elizabeth McDonnell, Margaret E. 'A lch, Vendel and Mary Lichtenberg, Samuel S. Thompson, Etta L. Whiting, John L. Murray, Alex and Dorothy Parks, Leora A. Burke, Beulah M. Butters, J. A. Moulton, Morris McKay, Helen M. Dalr-,-mple, Mary M. Heath, Mark Dodd, Mrs . J. P. Morse, Emma L. Hovey, Annie McClure, Alice M. Crawley, Emilie DeVeau, Emily H. Morse, Charles Franks, Paula Franks, Justus P. Morse, George C . McKay, Sarah E. Conley, Christy Hallos, Walter Pierce et al, Daniel Bailey; Catherine and Katherine Vaughan, James C . Manley, Anna Manley, Ahern and Pichette, Olive C . Myers, Mary C . Kelly, John T. McDon- ough, Manuel Ploniz, Andrew Pewtherer, IlarY and Frank Picciani, Thomas Quinlan, Charles J. and Mary C . Ray, 73 Peter and Martin Semonian, Leslie J. Spencer, Frank H. Tobin, Nora E. M. Vaughan, Mrs. hargaret Gaffney, Susan Doherty, John F. and Mary F. Dowd, Alice M. Hurlburtt, Mrs. Annie H. Harrington, Oscar E. and Elizabeth Sette, Frederick H. and Dora L. Galloupe, Grace P. Brown, Arthur N. and Min--lie Maddison, Mrs. Carrie A. Norris, Ada H. Howse, Mrs . Lora B. Worthen, Fred W. and Lucy A. Miller, Herbert T . MacDonald, Norbert M. Enzlish et al, William and Alice S . Crawford, Beatrice B. burgess, Charles A. Manley, Boston & Lowell R. R. Corp. Willis Franks, Robert J. Shannon, New England Trust 'ao. of Boston, John J. Callahan, John W. Keeley, and Esther R. Barnes et al, and also advertised in the Lexington Minute-Man on August 26th, 1937, a notice of which the following is a true copy. '-TOWARD W. BOBBINS Clerk, board of Appeals . 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 kexington Zoning By-law with respect to the premises at No. 1557 Mass. Avenue owned by Mrs. Wm. L. Barnes of Lexington, Mass. by permitting the following: Private hospital and sanator- ium for children (Convalescing and retarded children) . Mrs . William L. Barnes (Signature) 10 Sheridan Street (Address) n N 0 1 I C L Lex ngton, August 24th, 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 Esther R. Barnes et als, and lo- cated at 1557 Mass. Ave. , Lexington, the mai -tenance of a private hospital and sanatorium for convalescing and retarded children, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws {end amend- ments. The hearing will be held on September 10th, 1937, at 8 00 P. M. , in the Selectmen' s room, Town Office Building, Lexington, Mass . Arthur N Maddison, Chairman; Board of Appeals . 74 p" The Board discussed the application of Jennie M. Partridge for permission to maintain two gasoline pumps for the sale of gasoline at retail at 400 Waltham Street. Upon motion of Mr. Kimball, seconded by Mr. Robbins, it was voted to deny the petition in the following form, Mr. Ferguson desiring to be recorded in opposition: The Board of Appeals, acting under General Laws, Chapter 40, Section 27, having received a written petition addressed to it by Jennie L. Partridge, 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 pub- lished in Lexington, which hearing was held in the Sel- ectments Room, in the Town. Office Building on September 14, 1937. Four 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 pe- titioner tending to show: That Morris Bloomberg is the occupant of the premises at 400 Waltham Street owned by the petitioner; that he was granted a permit to maintain a garage on the premises; that he was having difficulty in making his garage pay and de- sired to install gasoline pumps and sell gasoline. Four parties appeared in opposition to the petition. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: That there was already a sufficient number of gasoline stations in the neighborhood; that it would take away business from the other stations and that it would be more dangerous on account of more automobiles crossing the sidewalk; that there is not enough call for gasoline to warrant the granting of this petition. At the close of the hearing the Board in private session on September 24, 1937 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 e ception requested. 2, That the exception requested will tend to impair the status of the neighborhood. That the exception requested will not be in har- mony with the general purposes and intent of the regulations in the Lexington Zoning By-law. 75 " 4. That the enforcement of the Lexington Zoning By- law as to the locus in question would not involve prac- tical difficulty and unnecessary hardship and the relief requested nay not be granted without substantial detri- ment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. i-ursuant to the said findings, the Board hereby denies the said petition of Jennie M. Partridge . 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 a public record and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON II (Aprointed under G.L.Ch.40.Sec.27) A. N. Maddison Errol H. Locke Edward W. Kimball Howard W. Robbins Charles E. Ferguson I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 27th day of August, 1937 to Eliza H. Syme, Robert H. and Olive E. Eldridge, Joseph and Susannah Potter, David A. Rix, Antonio Umbrello, Fred Bailey, John J. Malloy, John .6. Hurley, Ella R. Baker, Jean M. Berry, Lawrence C . Bradshaw, James E. Carroll, Alice F . Grafe, Jennie T. Malone, Mildred T . aid Irving T . Gould, F. C . Friend Mortgage Corp. of Medford, M. Emily Denvir, Sarah F. Dailey, J. Elmer Lowe, Vincent D. Testa, Chester R and Grace H. Swenson, Ethel L. Phipps, Nils Nilson, John F. and —ary E. McNeil, Harriet C . Wright, Munroe Ames, Delia V. Cassidy, Mary A. Santosuosso, 76 Cri subli Harriet h. Clarke, Elizabeth Timothy, William A . and Minnie ' L. Coakley, Ralph J. and Josephine C . Young, Lawrence and Eleanor T . Husted, Irving A. and Ethel N. Rich, Irene S . Murphy, Margaret M. Neil, Hilda M. Arvidson, Camillo and Elisa Apollionio, James Syme, Minnie M. Ryder, Luise J. Carter, Herbert W. and Etta C . Torsleff, William D. MacDonald, George G. Whiting, Fritz Wihtol, Thomas G. Whiting William H. Smith, Alice L. Tebbetts, Jenney Manufacturing Co. , Mary E. Lowe, Marshall L. Tebbetts, Annie Lanpron, Margaret S. Mac- Kenzie A. F. Baker & Co ., Inc. , Erie A. and Evelyn Roberts, Clara Reynolds , John Cerullo, Evarts C . and Marion F. Hall, George E. Swanson, Margaret Newhart, Thomas Brown, Martha Ensign, Everett M. and Irene .illman, Annie Katkoff, James Cook, Ervin R. Dix, John and Dagny Knudson, Ethel Whipps, Frederick G. Jones, Clarence P. Henley, Ingvald and Alice H. Nelson, Charles M. and Marie Rose Albert, Myrle K. Rund- lett, William E. and Flora A. Myers, Abbey Nye Emery, Edna J. Arnold, Elizabeth A . Henderson, John Bullock et al, Gladys M. Coffey, Louise E. iTohnson, Walter J. Good, Annie E. Frazier, Ralph J. Deyoe, Harold A. Conant, Bartholomew J. Lehan, Arthur L. and Mary A. Russell, Edward M. Peters, Alexander A. Warner, Waltham Savings Bank, Waverly Co-op. Bank, Standard Oil Co. of N. Y. , Inc., Elizabeth C . Phelps, Edward F. Rogers, Henry Saarm, Axel and Henning W. Swenson, James J. and Elizabeth Campbell, Timothy L. Keefe, Ralph E. DeLoid, Neil McIntosh, Medford Trust Co. , High. Street Realty Co., Betty E. Krulee, Grace L. Hinckley, Edgar W. and Marion E. Houghton, habelle D. Beers, Helen G. McCormack, Mary F. Buckley, No. Cambridge Co-op. Bank, Magda K. Moller, W. Leonard w Cora J. Flett, Robert N. K. and Elizabeth L. Svedeman, Jane F'ole-r, Emily Montgomery, Margaret A. and Alice T . Connelly, Harry V. Pierce, Tage and Eleanor M. Hansen, Violet I . Remick, George V. and Nora G. Hunt, Betty N. Lindstrom, Arthur E. and Emma. R. Locke, Florence L. Richards, James A. Bailey, Home Owners Loan Corp. , Annie M. Clemett, Elizabeth E. and Foster W. Higgins , Douglas D. and Mildred E. Sweetser, Labelle G. Steeves, Merrill Y. and Elizabeth F. Papen, Hosanna V. Andrews, Michael J. and Ellen F. Hopkins, Charles . Tracey, Richard P. Jackson, Emil A. Gramstorff, Evelyne M. Atkinson, Madeline D. Towle, Paul B . and Reba E. Cowdrey, Harriet E. Hendeson, Frederick S. Walker, George D . Garrity and John H. Ward, Sarah L. Hatfield, A. P. Schutz & Co, , Caroline W. Parsons, Thomas A. Meek, Bridget A. Chis- holm, Admx., Frederick A. onnor, George A. Givan, Edward Crouch, Gaetano and Berta Francescelli, Camile J. and Anna Tremblay George W. and Helen M. Ewing, Jennette L. Bennett, Lulu M. Blake Mary Marshall, Anna M. Gott, John F. and Elizabeth F. Downey, Ralph E. and Florence V. Cox, E. J. Weldon and Helen B. Morrison, Darren S. Grant, Aubrey and Sadie w. Caldwell, Ransom F. and Eva I. Williams, Patrick Malloy, 77 Jeanette B. Fountain, Watertown Co-op. Bank, Marguerite E. Conmian, Charles J and Margaret F. Martin, Clarence E. and Catherine M. McEltan, Edwin Sleeper, Alice A. Wilson, Mar- garet McDonough, Laura A. Partridge, Clarence A and Gertrude rooker, John i . Dailey, John G. Norberg, Regna M. Vaccarest, Elmano B. Nunes, Lexington Savin,--s Bank, Walberg Swenson, Fran- cis V. Healey, Tage Frey, Lois M. Lurling, Sarah Greaves, Sidney B . and Margaret W. Heywood, Jennie M. Partridge, Thomas and Matilda Davison, Sidney R. Wrightington, Admr. , Catherine F. Stevens, Margaret M. Lynch, William r'. and Jennie A. Doyme, Elizabeth T. Keefe, William O'Connor, Evelyn B. Soar, Howard I. and Nellie M. Saunders, David and Sarah Gaddis, Charlotte L. and Helen G. Murphy, Josephine Nunan, Thomas M. and Lena G. Kehoe, Charles A. and Edith K. Huntington, Richard P. Cromwell, Sigrid W. Kinquist, Mary R. Jacobs, Thomas L. and Blanche M. Taylor, Charlotte Cogswell, Axel M. and Ingeborg N. Swenson, Fred L. Lord, Pearle C. Montgomery, Kittrena G. Weldon, James S . and Marie A. Mowat, George A. and Hazel M. Mallion, Perley H. Osgood, Mae E. Ritchie, C . Rao-mohd and Gretchen A. Reed, Paul W. and Thelma F. Mather, Oaroline T . Reed, Rosalie M. Pierce, William H. Kearns, Karl D. and Jessie M. Whitmore, Florence M. Liebing, Thomas W. Whittle, Lillian F. Watts, William and Annette I. Thurston, Laura M. Strout, Elsie V. R. Smith, Elizabeth P. Kenworthy, Edgar W. Gage, Charles F'locke, Harold A. Conant, Fred N. and Clara A. Bowers, II Joseph W. Ahern, William. S. and Margaret J. B . Phillips, Ralph A. Bartlett, Ralph Durgin, Lexington Co-op. Bank, Charles and terda Harold, Lillian R. Caouette, and R. L. Ryder, and also advertised in the Lexington Minute-Man on August 26, 1937, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals . July 29th, 1937 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass . Gentlemen: The undersigned hereby petition the Lexin,;ton 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 Mo. 400 Waltham Street ' owned by Jennie 1 . Partridge of N. Blue Hill, Maine by per- mitting the followin-: Maintenance of two gasoline _Dumps for the sale of gasoline at retail. Jennie 16. Partridge(Signature) 7 .Blue Bill, Maine (Address ) 78 TT 0 'T I C E Lexington, Mass . August 25th, 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 Jennie M Partridge and located at 400 Waltham Street, Lexington, the maintenance of two gasoline pumps for the sale of gasoline at retail, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27 of the General Laws and amendments . The hearing will be held on September 14th, 1937, at 8•:10 P. M. in the Selectmen' s Room, Town Office Building, Lexington, Mass . Arthur N. Maddison Chairman, Board of Appeals. The meeting adjourned at 10:10 P. M. true record, Attest: Clerk. ;>/- f /J 1