HomeMy WebLinkAbout1938-07-081
BOARD OF APPEALS MEETING
July 8, 1938.
A mooting 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 251.
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 yearn, 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.
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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 the 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 111, 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 -
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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 effected 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.
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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
f indings:
1. That in its Judgment': the public convenience and
welfare *ill 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 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 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 testimonypresented 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
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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. 27)
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 Trust Co., Doris K. Lovell and Mary
E. Kendrick, Ethel Osgood, Harriett W. Smith Alice J. Hagerty,
Daniel H. Freeman, Frederick C. & Katherine �. Woodford,
Evelyn N'. 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. Sammet, Gerald C. and Ruth
J Turner, Ervin R. Dix, Tr., Home Finance Co., and Roae 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
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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, Maas.
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
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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 own 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 Roadside.
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 unanimously in favor of the following findingst
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
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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, See. 27)
A. N. MADDISON
CHARLES E. FERGUSON
ERROL H. LOCKE
A. 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. boring, 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
FIBlent
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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
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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
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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.
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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 0. 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. Rardin, 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 Fro -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
N O T 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 grain shed for the distribution and sale of
grain, under the 4"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 8:40 P. M.,
in the Selectmen's Room, Town Office Building, Lexington, Mass.
Arthur N. Maddison,
Chairman, Board of Appeals.
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The meeting adjourned at 9:35 P. M.
A true record, Attest:
Wri"e
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