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HomeMy WebLinkAbout1938-07-08 195 BOARD OF APPEALS MEETING July 8, 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. Ferguson, Locke, Kimball, and Glynn were present. The Secretary was also present. The Chairman appointed Mr. Kimball Clerk Pro-tem in the absence of Mr. Robbins. At 8:00 P. M. hearing was declared open upon the application of May F. Stone for permission to construct and maintain a side porch at 36 Simonds Road, Lexington. The notice of the hearing was read by the Clerk Pro-tem. Mrs. Stone and the tenant at 36 Simonds Road were present at the hearing. Mrs. Stone presented a sketch of the proposed addition. She said that the streets were not at right angles at this point. She said that because the street line slants, the proch would have to extend into the 20 foot setback line 15" at one end, and 29" at the other end. She said that the porch should be built the same width as the one at the other end of the house, in order to balance the house. Mr. Kimball asked if this porch would be glassed in, and she replied in the negative. It will be screened in, with pillars, and will match the house foundation. Mr. Glynn asked if the house was set back 20' from Simonds Road, and Mrs. Stone said she thought it was set back about 25' . She said that the back side of the house was very sunny, and this was the only place that would be cool. The Building Inspector had suggested to her that the porch be set back nearer the rear of the house, and she told him that that was impossible because there would not be an entrance from the interior of the house, as the pantry was there. The Chairman told Mrs. Stone that- the Zoning By-laws did not provide for anything of this sort except where topo- graphy or other conditions make it necessary. Mrs. Stone said that this porch was absolutely necessary for the children. The Chairman asked how they had got along without it for so many years, and Mrs. Stone said that she purchased the house about a year ago with the intention of adding this porch. They retired. The records of the meeting held on June 24th were declared approved. 1 196 0" At 8:15 P. M. hearing was declared open upon the application of Rose C. Marquis for permission to maintain a Rest Home at property owned by Rev. Thomas Brady and located at 255 Bedford Street, Lexington. The notice of the hearing was read by the Clerk Pro-tem. Miss Marquis appeared in favor of the granting of the petition. There were about thirty residents of the vicinity present, also. Miss Marquis stated that she de- sired to maintain a rest home to take care of old people, not bed-ridden people. The Chairman asked her if she owned the property. She replied that she rented the property, and probably would get a lease when Fr. Brady returned home. The Chairman asked her whom she rented the property from, and she said that *he rented through the office of L. J. Reynolds. The Chairman asked her if she had had any previous experience in this line of work, and she replied that she had, at 272 Walnut Street, Brookline. The Chairman asked how large a house she had over there, and she said that she had fourteen patients. The Chairman asked how long ago that was, and she informed him that she got through there three weeks ago, and was there four months. The Chairman asked how many guests she intended to have here, and she said that all she could accomodate were six. There are six private rooms. They would be six single persons. Mr. Glynn asked if these people would be ill, or merely old, and she said they would be merely elderly people, but if they became ill while staying with her, she would not put them out, of course. Mr. Kimball asked if she would expect that they would stay some length of time, and she replied in the affirmative. The Chairman asked her if she lived on Summer Street, Bedford, and she said that she did right now, but had been there only a short time. Miss Marquis presented a letter from Dr. W. W. Harring- ton recommending her highly. No one else wished to be recorded in favor of the granting of the petition. Mr. D. H. Freeman of 305 Bedford Street presented a petition signed by thirty-three property owners in the neigh- borhood opposing the granting of the petition. Dr. H. B . Osgood of 297 Bedford Street said that the patients Miss Marquis took might eventually be inebriates, mental defectives, etc. , and he thought it was opening the question of enlargement of the Zoning Laws whereby the bus- 197 iness section might creep up. He did not think that the granting of the petition would benefit the neighborhood. Mr. Hugh E Leonard of 23 No. Hancock Street stated that he was opposed to any varying of the Zoning Laws. He purchased his property with the understanding that this was to be a residential neighborhood, and he did not want to see it changed. Mr. William D. Hagerty, owning property at 301 Bedford Street, said he desired to go on record as being absolutely opposed to varying the Zoning Laws in any way here. He did not think the rest home would do the neighborhood any good. He said he had owned his property for ten years, and in that time there had been two attempts to change the Zoning Law in this section, but they were not allowed. Mr. Frank Dodge of 221 Bedford Street said that he had lived there for nineteen years, and did not believe that anything of a business nature would help the surrounding res- idential area there. Mr. Francis E. Lombard of 27 North Hancock Street said that he rented the property abutting 225 Bedford Street, and he thought that the zone should be kept strictly residential, Mr. John F. McCullough of 20 North Hancock Street said he was opposed to any change in that district, as he felt that it would open up avenues for changing other pieces of property. Mr. Franklin Dyer of 22 North Hancock Street said that the residences in the neighborhood were already under a handi- cap because of the location of the Lexington Coal Company's buildings. He was opposed to this petition. Mr. Ernest Mathers of 259 Bedford Street said his home was located two houses away from the Brady house, and he was opposed to any change in the Zoning Laws . The hearing was declared closed at 8:30 P. M. The Board discussed the petition of Rose C. Marquis for permission to maintain a rest home at 255 Bedford Street, and inasmuch as the Attorney for Rev. Thomas Brady, the owner (who is abroad) knew nothing of Miss Marquis, and the fact that a petition was received signed by thirty-three residents of the neighborhood objecting to the grandint of 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 Rose C . Marquis, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the pe- titioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the moat 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 8th day of July, 1938. 198 ZIA 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 had been negotiating through a real estate broker to rent the property at 255 Bedford Street for the purposes of a rest home; that it was her intention if the permit was granted to take about six residents either as permanent or temporary guests; that she had been running a similar home at 272 Walnut Street, Brookline, where she had fourteen guests. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to shows That the varying of the Zoning By-law by permitting this use would be harmful to the neighborhood and depreciate the value of their property. At the close of the hearing the Board in private session on July 8, 1938 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment the public convenience and welfare will not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will net 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 diffi- culty 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 Rose . Marquis to maintain a rest home at 255 Bedford Street, Lexington, Mass. 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 199 that notice of this decision shall be mailed forthwith to each part/ in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G. L. Ch. 40, sec. 2'7) A. N. MADDISON EDWARD W. KIMBALL C . EDWARD GLYNN ERROL H. LOCKE CHARLES E. FERGUSON I, Edward W. Kimball, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27A, hereby certify that I sent by postage certi- ficate of mailing on the 27th day of June, 1938 and on the 28th day of June, 1938 to Frank W. Dodge, Middlesex Institution for Savings, Boston & Lowell It. R. Corp., Lexington Coal Co., Ernest A. Jr. and Bernice F. Snow, Cornelia Bierenbroodapot, Pauling P. Hanks, Dorothy T. Taylor, Mary C. Mathers, David J. Harrigan, Alexander Parks, James A. and Margaret J. Aker, Cora W. Dempsey et al, George F. Smith, Standard Oil Co. of N. Y. , ' Lulu M. Blake, Lexington Tryst Co., Doris K. Lovell and Mary E. Kendrick, Ethel Osgood, Harriett W. Smith Alice J. Hagerty, Daniel H. Freeman, Frederick C . & Katherine 1. Woodford, Evelyn R. Fairchild, Margaret E. Ormond, Clarence H. Gleason, John F. & Eleanor M. McCullough, Madeline T. Mead, Franklin M. and Ruth L. Dyer, Hugh E. and Mary E. Leonard, Lillian N. Russell, Harvey M. McHarg, Charles A. and Anna L. McCormack, Aleph W. Bertwell, Joseph A. & Beulah D. Parks, Wesley J. and Mabel V Brigham, Clifford M. and Ruth S. Martin, Madge and Sudney Folse, George A. and Ora K. SaYmnet, Gerald C . and Ruth J Turner, Ervin R. Dix, Tr. , Home Finance Co. , and Rose C . Marquis, and also advertised in the Lexington Minute-Man on June 23rd and June 30th, 1938, notices of which the following are true copies. Edward W. Kimball Clerk Pro-tem, Board of Appeals. June 20, 1938 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. ' Gentlemen: The undersigned hereby petition the Lexington Board of 200 rte, C17 Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9 (a) of the Lexington Zoning By-Law with respect to the premises at No. 253 Bedford Street, owned by Rev. Thomas Brady of St. Louis, Mo. , by permitting the following: To Maintain a Rest Home. Rose C . Marquis (Signature) Summer Street (Address) Bedford, Mass. . NOT I C E Lexington, Mass. June 23, 1938. The Board of Appeals will hold a hearing on the matter of varying the application ofthe Zoning Law by permitting on the premises owned by Rev. Thomas Brady and located at 253 Bedford Street, Lexington, the maintenance of a Rest Home, 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 July 8th, 1938, at 8:15 P. M. in the Selectmen' s Room, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. CORRECTED NOTICE Lexington, Mass. June 27, 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 Rev. Thomas Brady and located at 255 Bedford Street, Lexington, the maintenance of a Rest Home, 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 July 8th, 1938, at 8;15 P. M., in the Selectmen's Room, Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The Board considered the application of May F. Stone for the construction and maintenance of a side porch attached to the house numbered 36 Simonds Road, and in view of the fact that Mrs. Stone purchased the house last spring with the expectation at that time of having a side porch on the Dexter Road side of the house, and owing to the fact that there is no other place owing to the construction of the house where the porch could be 201 placed, it seemed to the Board advisable to grant the petition, which brings the porch 15" into the 20' restricted area at one end and 2'5"into it at the other end. It was therefor unani- moudly voted to grant the petition in the following forms 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 May F. Stone, 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 sown Office Building on the 8th day of July, 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 had purchased the house at 36 Simonds Road last spring at which time she anticipated constructing a porch on the Dexter Road side of the house; that when she was ready to start the work it was called to her attention that the construction as proposed would violate the Zoning By-Law inasmuch as there would not be 20' between the line of the street and the porch; it was also brought out that the porch could not be used from the interior of the house if placed in the rear of the house or nearer the rear on the Dexter Road side. No one appeared in opposition. At the close of the hearing the Board in private session on July 8, 1938 gave consideration to the subject of the peti- tion and voted unanimouslyin favor of the followingfindin ss g 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 tent to impair the status of thereighborhood. 3. That the exception requested will be in harmony with the general purposes and intent of the regulations in the Lex- ington 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 of the provisions of the Lexington Zoning By-law as to the locus in question would involve 202 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- mously decides that the application of the said Lexington Zoning By law is hereby varied so far as may be necessary to permit May F. Stone to construct and maintain a porch on the Dexter Road side of her house numbered 36 on Simonds Road, said porch to be 12' long and 8' wide, as shown on sketch filed with the Board by Mrs. Stone. 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 off iee 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. MADDISON CHARLES E. FERGUSON ERROL H. LOCKE C . EDWARD GLYNN EDWARD W. KIMBALL I, Edward W. Kimball, Clerk Pro-tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27A, hereby certify that I sent by postage cer- tificate of mailing on the 27th day of June, 1938 to Carlotta M. Thomas, Waverley Co-op. Bank, Lucy L. Loring, James H. Reid, William H. Fenn, Marion R. Coughlin, Bertha M. and Benjamin S. Nickerson, Lexington Trust Company, Charles L. Weld, Elizabeth N. Maynard and Marion C . Spaulding, May F. Stone, and also advertised in the Lexington Minute-Man on June 23rd, 1938, a notice of which the following is a true copy. Edward W. Kimball Clerk Pro-tem, Board of appeals 1 203 June 16, 1938 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, to vary the application of section 9A or B of the Lexington Zoning By-Law with respect to the premises at No. 36 Simonds Road, owned by May F Stone of 40 Harding Road by permitting the following: Construction and maintenance of a side porch. May F. Stone (Signature) 40 Harding Road (Address) Lexington, Mass, NOTICE Lexington, Mass. June 22, 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 May F, Stone and located at 36 Simonds Road, Lexington, the construction and maintenance of a side porch, 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 July 8th, 1938, at 8:00 P. M. , in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The application of Albert Bieren was considered, and the Board felt that public convenience and welfare did not warrant granting the petition for a structure over 35' in height, and it was therefor 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 Albert Bieren, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the 204 Pmamir 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 24th day of June, 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 and maintain a grain shed for the distribution and sale of grain on land owned by the Boston & Maine Railroad, located on the westerly side of Bedford Street and adjoining the railroad. He submitted a plan showing a building with a grain elevator, the height of the latter being 56' . No one else appeared in favor of the grandint of the peti- tion. Various owners of residential property in the neighborhood appeared in opposition, stating that such a use of the premises would further depreciate the vaule of their property, which had already been depreciated owing to the plant of the Lexington Coal Co. At the close of the hearing the Board in private session on July 8th, 1938 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in fts judgment the public convenience and welfare will be substantiallyserved by the making of the exception re- quested. 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 Lex- ington 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 of the provisionsof 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 unanimously decides that the application of the said Lexington Zoning By-law 205 is hereby varied so far as may be necessary to permit Albert Bieren to construct and maintain a building on land of the Boston & Maine R. R. Co. adjoining its railroad tracks on the westerly side of Bedford Street in the rear of premises of Lexington Coal Co. , to maintain a grain shed for the distri- bution and sale of grain, subject to the following conditions: 1. that no building or part thereof constructed on the lot shall exceed in height 35' from the ground level; 2. The area to be covered by said building shall not exceed 100' x 26' ; 3. That said building shall conform in all respects to the Lexington Building Laws; 4. That the building shall be kept in good repair and condition at all times; 5. This permit shall be null and void unless the build- ing is completed within nine months from July 8, 1938. The Board hereby makes a detailed record of all its pro- ceedings 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 immetiately following this decision shall be filed in the office of the Town Clerk of Lexington and shall b e 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. MADDISON C . EDWARD GLYNN CHARLES E . FERGUSON ERROL H. LOCKE EDWARD W. KIMBALL I, Edward W. Kimball, Clerk Pro-tem 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 9th day of June, 1938 to Elizabeth S. white, Dorothy D. Seymour, Lexington Trust Co. , Watertown Co-op. Bank, Home Owners Loan Corp., Heirs of Robert H. White, Felix Viano, Earle R. and Ianthe C . Empey, Mary H. Gorman, Boston & Lowell R. R. Corp., Frank W. Dodge, Middlesex Institution for Savings, Lexington Coal Co. , Ernest A. Jr. and Bernice F. Snow, Cor- nelia Bierenbroodspot, Thomas Brady, Pauline P. Hanks, Dorothy T . Taylor, Mary C Mathers, David J. Harrigan, Alexander Parks, James A. & Margaret J. Aker, Cora W. Dempsey, et al, George F. 206 Smith, Standard Oil Co. of N. Y. , Eleanor M. Ingalls, Harriet M. Noyes, Ellen Lawson, Eunice E . Holton, Merchant's Co-op. Bank, Harriet E. Johnson, Elinor N. & Minnie C . Hood, Elizabeth T. & Frederick B . James, Marguerite G. Ingram, Emma L. Gorman, Gertrude B. Sandison, Ellen O'Keefe, Sherman W. Reed, Martha W. Jones, Mary C. Tibbetts, Edward F. & Lois M. Cook, Lillian P. Tibbetts, Emma M. Tibbetts, Domingus Silva, Mihran Palayan, Marie C . Leary, Lillian Carmichael, Joseph Casella, Nellie G. Whitten, et al, Albert B. & Mary C . Tenney, Mary C. Donnellan, George A. Bullock, James M. Burr, Anna E. Hardin, and Albert Bieren, and also advertised in the Lexington Minute-Man on June 9th, 1938, a notice of which the following is a true copy. EDWARD W. KIMBALL Clerk Pro-tem, Board of Appeals. June 7, 1938 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Section 27, under various sections including 4 of the Lexington Zoning By- Law with respect to the premises at the westerly side of Bed- ford Street, back of N. Lexington Depot and freight house, owned by the B. & M. R. R. of Boston, to permit the following: Maintenance of a grain shed for the distribution and sale of grain. Albert Bieren Signature Wood St . ,Lex. Address NOT I C E Lexington, Mass. June 8th, 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 Boston and Maine Railroad and located on the westerly side of Bedford Street, North Lexington, the maintenance of a gfain shed for the distribution and sale of grain, under the '"exington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on June 24th, 1938, at 6:40 P. M., in the Selectmen's Room, Town Office Building, Lexington, Mass . Arthur N. Maddison, Chairman, Board of Appeals. 207 The meeting adjourned at 9:35 P. M. IA true record, Attests Cl1:P