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HomeMy WebLinkAbout1938-06-24 178 BOARD OF APPEALS MEETING JUNE 24th, 1938. , A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P.M. Chairman Maddison and Messrs. Robbins, Ferguson, Glynn and Driscoll were present. The Secretary was also present. At 8:00 P.M. hearing was declared open upon the appli- cation of Lila Lawrence O 'Keefe for permission to maintain a private hospital and sanatorium for convalescing and retarded children at 905 Mass. Ave. , Lexington. The notice of the hearing was read by the Clerk, Mr. Robbins . Mrs. O'Keefe stated that she wanted to maintain a hospital at this location. She said she intended to have ten patients, sometimes more . The patients are from two months to ten years of age. Sometimes the children cry, but even normal children cry. The Chairman asked how many children she had now, and she said that she had seven, and the oldest is seven years of age. Mr. Glynn asked what she called "retarded" children, and she said that two-thirds of them were mental cases, and some were paralyzed. The Chairman asked how long she had been at the Barnes estate, and she replied that she had been there one year, or would be on August 1st. No other persons wished to be recorded in favor of the granting of the petition. Mr. Eugene Kraetzer of 46 Hancock Street said that he did not live in the vicinity of the property in question, but was interested in the prosperity and welfare of the town. He thought that an institution of this sort was a thing that we did not want in Lexington; he thought it would lead to something greater, whereby if another hospital wanted to come into the Town, the Board would not have as strong a point to refuse it . He thought that if a hospital were allowed there, it would devalue the property in that section very much. People have purchased their homes there , and if the time should come when they wanted to sell their property, it would be difficult to do so with this hospital there. He thought that the people in this neighborhood would have very great cause to request the Board of Assessors for a decrease in their valuations. He thought this would be a detriment to the neighborhood. He thought the hospital should be located in an outlying district. The Chairman said that a letter had been received from Mr. George Nicholson, Jr. , and one from Mr. Allan H. Kennedy, opposing the granting of the petition. Mr. Nelson Bowers said he represented the Arlington Five Cents Savings Bank, owner of the property at 912 Mass . Avenue. This matter was discussed at a meeting, and the members of the Board decided that this sanatorium, if located there, would tend to devaluate the property in that section 179 of the Town, and they would be opposed to the variance of the Zoning Laws. The hearing was declared closed at 8 :17 P.M. At 8:18 P.M. hearing was declared open upon the application of the Lexington Savings Bank for permission to subdivide the existing lot at 45 Hancock Street into three lots. The notice of the hearing was read by the Clerk. Mr. Edwin B. Worthen, representing the Savings Bank, said that the frontage on Hancock Street would remain at 125 feet, the depth would be 150 feet, and the area would be 20,000 square feet. The Somerset Road frontage would be divided into two parts, one having a frontage of 72.65 feet and the other a frontage of 72 feet. The latter would have a depth of 102.04 feet, and the other depth would exceed that. The lot with the 72 foot frontage would have an area of more than 7650 square feet, and the other lot would have an area of over 11,500 square feet. The land with the ex- isting buildings is now assessed for 012,630.00 . The Savings Bank took its loan on the Macurda property in January, 1926 and foreclosed in 1934. In 1926, Mr. Macurda was in rather excellent financial circumstances, the the property was assessed for more than it is now. The Bank had every reason to believe that Macurda would see the loan through, but that did not happen. They have not made progress in being able to do anything with the property. They have made an effort to buy land on either side of the Somerset Road frontage without success. There seems to be no immediate prospect of the sale of the house and land as it now stands. They believed that if the property was divided, there would be an opportunity to dispose of the three lots within a reasonable time, and the construction of modern homes would be preferable to what is there now. The Chairman asked if the Bank intended to take the pres- ent building down, and Mr. Worthen said that that would depend upon the outcome of this meeting, somewhat. No one else appeared in favor of the granting of the petition. Mr. A. Edward Rowse of 38 Somerset Road said that he felt to divide the property on Somerset Road into two lots would reduce the value of the property on the street, and also, although the change in lot size requiring 12,500 square feet is not legal at the present time , it did not seem to him that it was quite fair to the Town to make a division of lots smaller than that. He thought the feeling was that although the change in lot size had not been approved by the Attorney General, it was merely a technical error, and would merely take another Town Meeting to pass it. The article in the warrant was not worded correctly, and there would not be a change in the intent, but the vote would be a confirmation. He said that he was talking to the Chairman of the Planning Board the other night on another matterand asked what the feeling of that Board was on the sub-di,vision of land. He thought it would not be right to subdivide property into lots of less than 12,500 square feet. 180 c, Mr. Eugene Kraetzer of 46 Hancock Street said he was rather surpri sed that the Savings Bank would come before the Board to ask for this. It was simply a technical error that the 100 foot frontage was not in effect at the present time . To ask the Town to cut up a lot less than the 75001 area was not good business, in his opinion. He said the neighborhood was established with good-sized lots, and he thought it would change the whole neighborhood if smaller lots were allowed there. He said that everybody wanted a garage these days, and he could not see how one could be put in for the Hancock Street house. This property is almost directly across the street from his property. He wished to express his strenuous objection. Philip M. Clark of 41 Hancock Street said he was at a loss to understand bow this came before the Board of Appeals inasmuch as the request did not conform to our Town By-laws. Two lots of 72' frontage had no standing as far as he knew. His objections were not only that the matter was not legal, but also that it would depreciate the value of property in the neighborhood. He wished to register his protest against it. Mr. F. u. Coleman of 13 Somerset Road said that he realized the position of the bank, but he questioned if they would gain enough by cutting the lot up to warrant doing it . He doubted if they would receive enough more in proportion per square foot to make it worth while. He felt that the project would be a disadvantage to the neighborhood and not in keeping with the present Zoning Law. Mr. Raymond A. Bond of 37 Somerset Road said he objected for the same reasons expressed before, and also because he did not believe it possible to erect a house on a lot with 7500 square feet that would have a value in keeping with the other property in the neighborhood. Mr. A. W. Woodruff of 24 Somerset Road said that the reasons given by Mr. Bond were his sentiments exactly. He lives across the street from the property in question, and to put up three small houses would be depreciating the value of the property around there very much. Mr. Lawrence H. Burnham of 44 Somerset Road said he would dislike seeing two lots on Somerset Road because he thought it would hurt the other property and would not blend with the development in that section. Mr. William H. Shurtleff of 41 Somerset Road said he objected for the same reasons as the others. Mr. Lester L. Downing, of 48 Hancock Street , stated he objected for the same reasons as expressed by Mr. Kraetzer. Mr. James W. Smith of 16 Franklin Road said he objected for substantially the same reasons as expressed previously. No others wishing to be heard in opposition, the hearing was declared closed at 8:30 P.M. Mr. William R. Greeley informed the Board that Mrs. Dana McL. Greeley wished to be recorded in favor of granting the petition of Mrs. O 'Keefe for permission to use the Lee property for a private hospital. 181 Hearing was declared open upon the application of Albert Bieren for permission to maintain a grain shed for the dis- tribution and sale of grain on the premises owned by the Boston and Maine Railroad and located on the westerly side of Bedford Street, North Lexington . Notice of the hearing was read by the Clerk. Mr. Bieren appeared and presented a sketch of the pro- posed building. He stated that the building would be approx- imately 120 feet from Bedford Street, and the entrance would be from Bedford Street. The Building would be of first or second class construction. The Chairman asked him where he did business now, and he replied that he delivered from the Lexington freight house and direct from the car. Mr. Bieren said that the building would be 56 feet high. Mr. George Fuller said that he represented the Estate of Robert H. White. He asked Bieren through the Chairman if there would be machinery used which would be noisy. Bieren said that there would be practically no noise, as there would be an electric motor, and the grain would be scooped up by cups . Mr. Frank W. Dodge of 299 Bedford Street said that he lived directly across from the proposed location. He said that he had spent a lot of money on improvements on his property, and thought this use would materially effect the value of his property. He wished to object in every way possible . He said it was bad enough to have the Coal Company there, without this. He wished to be recorded in opposition. Mr. George Fuller said that last week the Trustees of the Estate of Robert H. White had a meeting, and he was instructed to object to this grain shed if there was an elevator to be installed, but if it was to be merely for storage there would be no objection. The White property is located on the corner of Bedford Street and Sunnyknoll Ave. , and on Sunnyknoll Avenue . Mr. A. K. Rardin of 14 Underwood Park, Waltham, said that he did not live in Lexington, but owned land on Valley Road which backed up to the Boston & Maine property. Some day he hoped to own a house there, and did not believe that another business concern would help the residential section. No other persons appeared in opposition. The hearing was declared closed at 8:45 P.M. Mrs. Marie A. Miller of Lincoln Street, together with Mr. E. B. Worthen, appeared before the Board. Mrs. Miller said that she wished to sell her bungalow on Lincoln Street , containing a little over one acre of land. She said it was situated in the middle of four farms -- Napoli's, Saranots, Scheibe ' s and her own. She had tried to sell the bungalow, but had not been able to do so because most of the prospective buyers objected to the farms. A couple now wish to buy the place if they can raise dogs there . The Chairman said that that was a strictly residential district, and the raising of dogs was not an accessory farm use. He thought the safest thing to do would be to submit 182 the question to the Town Counsel. Mr. Glynn asked if she C had taken the matter up with the neighbors, and Mrs . Miller replied in the negative . Mr. Worthen said that this was one of the most inter- esting cases of zoning that had come to his attention. The person desiring to buy this property coa ld not sell dogs there, but could step across the lot line and sell from Mrs. Miller ' s stand. He said that a great many people did business in a small way from their homes. When the Zoning Law went into effect, there was a very strong minority report, and it was because if was felt that this Board would deal favorably with these borderline cases that the Zoning Law went through at all. The Chairman said he thought that as long as there was no commercial kennels there would be no trouble, but if it developed that later on the kennels was on a commercial basis, something would have to be done about it. They retired. The Board considered the application of Lila Lawrence O'Keefe, and felt that the house at 905 Mass . Avenue was in a thickly settled neighborhood, and that this type of occupation would be injurious to the neighborhood, and there- fore it was unanimously voted to deny the petition in the following form: The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Lila Lawrence O'Keefe, 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 June 24, 1938. One Associate and 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 maintain a private hospital and sanatorium for convalescent and retarded children at 905 Mass. Avenue, Lexington, similar to the one she is now conducting in the so-called Barnes property at 1557 Mass. Avenue. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that they felt it would depreciate the value of their property and that such a use would be detrimental to the neighborhood. At the close of the hearing the Board in private session on June 24th, 1938, gave consideration 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 not be substantially served by the making of the exception requested. 183 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. 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 substantial detriment to the public good and 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 Lila Lawrence O'Keefe to maintain a private hospital and sanatorium for convalescing and retarded children at 905 Mass. Avenue. 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 a public record 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) A. N. Maddis on Charles E. Ferguson Howard W. Robbins C. Edward Glynn William H. Driscoll I, Howard W. Robbins , Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27A, hereby certify that I sent by postage certificate of mailing on the 1st day of June, 1938, to Blackstone Savings Bank, Roland N. and Margaret S. Hayes, Irving P. Locke, John W. and Annie S. McLearn, Michael D. McCarron, Maurice P. Ahern, Bertha V. Pichette, Edward W. & Esther S. Baker, Florence M. Daniels, Elizabeth T. Lowe, John M. & Bridget M. Cotter , Aleah E. Canessa, Arlington Five Cents Savings Bank, Gertrude Pierce, et al, Evelyn G. Broughall, Katherine A. Russell, Morse L. Walker, Anna L. O 'Hearn, George Sweet- land, Johanna Kennedy, William N. Robbins , Tr. , Edward F . Buttrick, William F. Fletcher, Alice S. Kennedy, Nathaniel H. Janney, Joseph Trani, Louis J. & Clara Reynolds, Emily A. Peirce, James & Martha Holt, Roland W. Baldrey & Edna Baldrey, Wealthea A. Flanders , Jane P. Knight, Bross-Loge des Deutschen Ordens der Harugari des Staats Massachusetts , Allen H. and Emma E. Kennedy, Agnes M. Aalton, George F. Lakschewitz, Watertown Co-op. Bank, Margaret T . Kelley, Henry F. Peabody, Aina W. Chapman, Harry & Bertha G. Hanson, Abbie L. Wellington, 184 cra Richard P. & Eulah M. Cassidy, William F. Fletcher, Fanny P. Crown, Edward H. McNamara, Lillian D. Parks, and Heirs of Esther B. Lee, and also advertised in the Lexington Minute- Man on June 2nd, 1938, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals . May 27, 1938 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals , appointed under General Laww, Chapter 40, Section 27 , to vary the application of section 9A of the Lexington Zoning By-law with respect to the premises at No. 905 Massachusetts Avenue, owed by Heirs of Esther B. Lee of Cam')ridge, by permitting the following: Private Hospital and Sanatorium for convalescing and retarded children. Lila Lawrence O'Keefe, R.N. (Sig. ) 1557 Mass. Avenue ( Address) NOTICE Lexington, Mass. June 1, 1938. 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 the heirs of Esther B. Lee and located at 905 Massachusetts Avenue, Lexington, the main- tenance of a private hos •it al and sanatorium for convalescing and retarded children, 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 June 24th, 1938, at 8 :00 P.M. in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N. Maddison Chairman, Board of Appeals . 185 The Board considered the application of the Lexington ' Savings Bank for the division of 45 Hancock Street extend- ing through to and fronting on Somerset Road, and felt that with the frontage of the other lots on Somerset Road being much larger, it would not be desirable to divide the frontage of this lot into two lots, onehaving a frontage of 72.65 feet , and the other 72 feet. The Chairman stated that Mr. Kimball wished to be recorded in favor of denying the petition. Mr. Glynn did not act on the petition . It was unanimously voted to deny the petition in the following form: The Board of Appeals acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Lexington Savings Bank, 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 Lex- ington, Which hearing was held in the Selectmen's Room, in the Town Office Building on June 24, 1938. One Associate and 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 it owned by foreclosure proceedings the lot numbered 45 Hancock Street, extending to and fronting on Somerset Road, the lot contain- ing 39,866 square feet; that they desired to divide the Somerset Road portion of the lot into two lots, one to have a frontage of 72.65 feet, and the other 72 feet; they stated that they had been unable to obtain any offers for the property as a whole, but had had some inquiry for smaller lots. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that such a division of the Somerset Road frontage would depreciate the value of the property in the neighborhood and the building of two houses would be decidedly harmful to the neighborhood. At the close of the hearing the Board in private session on June 24th 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 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. 1S6 Pmwal 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 substantial detriment to the public good and 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 the Lexington Savings Bank to subdivide the existing lot at 45 Hancock Street into three lots. 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 a public record and that notice of this decidion shall be mailed forthwith to each party in interest . BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec.27) A. N. Maddison Edward W. Kimball Howard d. Robbins Charles E. Ferguson William H. Driscoll I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27A, hereby certify that I sent by postage certificate of mailing on the 1st day of June, 1938 to Catherine S. Osgood, Franklin N. and Nancy A. Coleman, Lulu M. Blake, Albert W. Woodruff, et al, Harry A. Wheeler, Doris E. Bond, Marion R. Rowse, Ella M. Robertson, Allen W. & Elsie M. pucker, Olive M. and Lawrence H. Burnham, George W. & Marjorie S. Emery, William H. Shurtleff, Kelsey G. Reed, James W. Smith, Home Owners Loan Corp. , William L. & Maude S. Smith, Eleanor J. McCabe, Warren Sherburne, Hattie E. A. Peckham, Mary L. Brigham, Philip M. & Marion B. Clark, Eugene G. and Mary G. Kraetzer, Helen A. Downing , George B. and Olive F. Sargent, Pearl C. Sprague, -Heirs of, Katherine B. Stone, Clara M. Barbour, Charles B. Davis , C . Edward & Minnie A. Glynn, Jessie 6v. Gilmore, Clarence & Edith H. Shannon, Lester T. Redman, and the Lexington Savings Bank, and also advertised in the Lexington Minute-Man on June 2nd, 1938, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals . 187 Lexington, Mass . June 1, 1938. 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 the Lexington Savings Bank and located at 45 Hancock Street, Lexington, the subdivision of the existing lot into three lots, 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 June 24th, 1938 , at 8:15 P.M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddi son Chairman, Board of Appeals. May 31, 1938. 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 six of the Lexington Zoning By-Law with respect to the premises at No. 45 Hancock Street , owned by Lexington Savings Bank of Lexington by permitting the following: This property has a total area of 39,866 square feet. It is proposed that this be divided into three house-lots as follows : Hancock Street-frontage (full) one hundred twenty- five feet, depth over fifty feet, area approximately 20,000 square feet, Somerset Road--present frontage 144. 65 feet . It is proposed to divide this as follows: The Southwest lot to have 72 foot frontage, a minimum depth of 102 .04 feet, and the back line to be 75 feet. This would give an area exceed- ing 7,650 square feet . The Northeasterly lot to have a frontage of 72.65 feet and an area of over 11,500 square feet. Lexington Savings Bank (Signature) Edwin B. Worthen, Treasurer Lexington, Mass. (Address) At 9 :30 P.M. the following telegram was received: ' n Boston, Mass. Charlesgate Hotel Board of Appeals Regret unavoidable absence from hearing on the Zoning Law concerning the use of the property the Heirs of Esther B. Lee, 18g 905 Mass. Ave. , Lexington, Mass. Parties desiring home �.. for retarded children are desirable, no local neighbors objecting . Dr. Harry B. Lee The Board considered the application of Howard M. Munroe for the maintenance of a golf school and range on property owned by him on Lowell Street, Lexington, and in- asmuch as the tees and commercial end of such an occupancy would be in the business district , it felt that the permit should be granted subject to certain conditions . Upon motion of Mr. Ferguson, seconded by Mr. Glynn, it was unan- imously voted to grant the petition 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 Howard M. Munroe, 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 Tom Office Building on the 27th day of May, 1938. 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 pet- itioner tending to show: That he desired to rent a part of his property on Lowell Street adjacent to the Countryside Restraurant, for a golf school and driving range; the tees to be placed back from Lowell Street about 90 feet. No one appeared in opposition. At the close of the hearing the Board in private session on June 24, 1938, gave consideration to the subject bf 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 owing to conditions especially affecting the said parcel but not affecting generally the Zoning district 189 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 unan- imously decides that the application of the said Lexington Zoning By law is hereby varied so far as may be necessary to permit Howard M. Munroe to use a portion of his land on Lowell Street in the rear of Countryside restaurant for a golf school and driving range, subject to the following conditions: 1. That the tees shall be placed back from the street line of Lowell Street at least 90 feet, and approximately in the rear of the gasoline and service station, permit for which was granted March 25, 1938, and the row of tees to be placed at an angle of approximately 45° from the line of Lowell Street, so that the balls will be driven away from the Countryside restaurant; 2. That the operation of the driving range and golf school shall cease by 11 :00 o'clock P.M. ; 3. That sufficient parking space on the land of Mr. Munroe shall be provided to obviate any parking on the streets; 4. That this permit shall expire July 1, 1939. 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 here- inbefore 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) A. N. illaddison C. Edward Glynn William H. Driscoll Charles E. Ferguson Howard W. Robbins 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 12th day of May, 1938 to Leslie C. and Matilda M. Wheeler, Sarah C. VanDeusen, Albert E. and Marion C. Olsen, H. Irving and Helen G. Currier, Charles H. and Jennie Currier, Chester A. Fogg, Peter and Martin Semonian, Elmina and 190 Howard M. Munroe, Leonard K. Dunham, Alexander and Robert gL Porter, Catherine Dunham, Robert A. and Elizabeth Porter, Harvey C. Wheeler, Edward J. Casey, Countryside, Inc ., and also advertised in the Lexington Minute-Man on May 12, 1938, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals . May 11 , 1938. 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 Lowell Street, owned by Howard Munroe of Lexington, by permitting the following: Maintenance of a golf school and range. Howard M. Munroe (Signature) 344 Lowell Street (Address ) NOT I C E Lexington, Mass. May 12,1938. 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 Howard Munroe and located on Lowell Street, Lexington, the maintenance of a golf school and range, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on May 27th, 1938, at 8:15 P.M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The Board considered the application of the New England Water Supply Corporation to permit on its premises located on the northerly side of Westview Street to the east of property of the Boston & Maine R.R. and the fact that the County Commissioners are considering the relocation of 191 of Westview Street in front of this land, and inasmuch as releases had been obtained from owners of land within a 500 foot radius, the Board felt that the permit should be granted, and it was unanimously 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 the N. E. Water Supply Corporation, 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 ad- vertised 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 6th day of May, 1938 . One Associate and 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 he desired to construct a building to house water pumping equipment to be used in supplying the U.S. Veteran's Hospital at Bedford with water, on the land on the northerly side of Westview Street, said lot being bounded on the west by the Boston & Maine Railroad; the pump house to be 81 long, 121 wide, and 71 high; that they had a contract with the government which called for a supply of three hundred gallons of water per minute, and the arrangement was that at the end of ten years the Federal Government would take over the equipment; that they had tested in a great many placea, and this location seemed to offer better water and in sufficient quantity to warrant their going ahead with the project. Three of the neighbors were represented by counsel , who stated that they were afraid taking the amount of water which would be called for would dry up their wells, and one owner who required damp soil was afraid it would dry up his land. At a meeting held on June 24th, 1938 , 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 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. 192 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 sub- stantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unan- imously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit : The New England Water Supply Copporation to erect and maintain a building 8' long, 12' wide, and 7' high to house water pumping equipment to be used in supplying the U. S. Veteran' s Hospital at Bedford with water on the lot on the northerly side of Westview Street, said lot being bounded on the west by the Boston & Maine Railroad, on the following conditions: 1. That the apparatus shall be run in such a manner as not to be noisy or offensive to the neighborhood; 2. That the premises shall be kept in a neat and clean condition at all times; 3; That said building shall be set back at least 20' from the present street line of Westview Street, or if the l6cation of Westview Street in the vicinity of this lot is relocated by the County Commissioners, then the building shall be set back at least 20 ' from the line of Westview Street as so relocated. 4. That only electric current shall be used to run the pumping equipment. 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.9h. 40, Sec. 27) A. N. Maddison C. Edward Glynn William H. Driscoll Charles E. Ferguson Howard 1. Robbins 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 193 mailing on the 21st day of April, 1938 , to Amanda Hurtado, Joseph DeFelice, Joseph and Theresa DeFelice, Lexington h A. Linehan, et Boston and Sand and Gravel Co. , Charles al, Lowell R.R. Co. , New England Water Supply Corp. , and also advertised in the Lexington Minute-Man on April 21st, 1938 , a notice of which the following is a true copy. Howard W. Robbins Clerk, Board of Appeals. April 14, 1938. 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(g) of the Lexington Zoning By-law with respect to the premises at Westview Street, owned by New England Water Supply Corp. of Boston, Mass. , by permitting the following: The erection and maintenance of building to house water pumping equipment to be used in supplying U. S. Veteran's Hospital at Bedford with water. New England Water Supply Corp. Percy G. Crocker, Treas. (Signature) 35 Congress St., Boston (Address) NOTICE Lexington, Mass. April 24 1938. 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 the New England Water Supply Corp. and located on Westview Street, Lexington, the erection and maintenance of a building to house water pumping equipment, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on May 6, 1938, at 8:20 P.M. in the Selectmen' s Room, Town Office Building, Lexington. Arthur N . Maddison Chairman, Board of Appeals. It was dedided to take no action on the Bieren appli- cation until the next meeting. 194 The records of the meeting held on June 10, 1938, were declared approved. The meeting adjourned at 10:20 P.M. A true record, Attest : I rkv GZ 1