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HomeMy WebLinkAbout1938-08-12 208 BOARD OF APPEALS MEETING August 12, 1938 A meeting of the Board of Appeals was held in the Sel- ectmen's Room, Town Office Building, at 8:00 P. M. Messrs. Glynn, Robbins, Kimball, Ferguson, and Associate Member Wm. H. Driscoll were present. The Secretary was also present. In the absence of Mr. Maddison, Mr. Glynn was elected Chairman Pro-tem. At 8:00 P. M . hearing was declared open upon the petition of Lila L. O'Keefe for permission to maintain a private hos- pital for convalescent and retarded children at 20 Lincoln Street, Lexington. The notice of the hearing was read by Clerk Robbins. Mrs . O'Keefe was represented by Robert L. Ryder. Mr. Ryder said he assumed that the members were familiar with the proposition, because the O'Keefes were now occupying Town property under a permit granted by the Board of Appeals. He said that until three weeks ago he did not know there was such a place in the Town, and he goes up and down Mass. Ave. a great deal. The O' eefes have occupied the Barnes property for over a year and from the appearance outside no one would know that it was a hospital. What they are trying to do is to conduct a private home in which they take care of children which have been sent to them by doctors co-operating with them. Mrs. O'Keefe conducted a similar home in Arlington 21 years before she came here. The Town has asked them to vacate as the Town purchased that property to use it for Town purposes, and it has now become necessary that they have it. Mrs. O'Keefe came to him about three weeks ago and said she was looking for a place but was unable to find one. They looked at the Ryder property on Lincoln Street before but thought it was too large and was not in such repair that they would want it. Ryder told them what he would do in the way of improvements, and they f inally :said that they would take it. Mrs . O'Keefe graduated from the Lowell Training School and had six years training in the Children' s Hospital. Ryder said he had been through the home she is conducting, and he could not see how anyone could object to it in any neighborhood. They have no signs and do not intend to have any. The limit is ten children, none over ten years of age. Mr. O'Keefe went to all of the neighbors, and he presented a paper signed by twelve neighbors stating that they had no objection to the home. He said the new location was more secluded than where they are now. Ryder said that the Zoning ZOO Laws were so drawn that they could be varied if conditions warranted it, and it did not injure any neighbors. He said that the Ryders intended to keep the property only until such time as they could dispose of it without taking too much of a loss. They purchased the property at the solici- tation of F L. Emery, who said he thought it would be a fine thing for them to do, as the then owners had threatened to sue the Town for $11,000. on account of sewage. They have been unable to sell it for anything like what they paid for it. The hospital will be more of a credit to the neighborhood than what is there now. The Chairman asked if ten children were the most she desired to keep and the maximum age was ten years, and she replied in the affirmative. He asked what she meant by "retarded" children. Mrs. O'Keefe said that they were mentally retarded and some were paralyzed. The Chairman asked if they went out of doors much, and she said that they did not go out a great deal, as they are not physi- cally able to do so. The Chairman asked what kind of supervision they had out-of-doors, and Mrs. O'Keefe said that she was always with them. Judge Pierre Northrup said that he first met Mrs. O'Keefe a little over a year ago when she wished to come to Lexington and open a sanatorium. He went into the matter II very thoroughly at that time, because he is a resident of Lexington and has the best interests of Lexington to con- sider as well as anyone else. He found that Mrs . O'Keefe had an excellent reputation, that the sanatorium was limited to ten children that it was backedand supported e pp ed by Dr. Richard C . Eley of the Children' s Hospital, and used by six or seven baby specialist's in Boston He found that the sanatorium w ould be under the direct care and supervision of the Commonwealth of Massachusetts, and being convinced that it was a proper use of the property, appeared before the Board and asked it for permission to carry on that busi- ness. He said that two of the members looked over the property. The O'Keefe' s have to get out. He thought it would be a shame to tell them there was no place in Lexington for them. They appeared before the Board with regard to a property in East Lexington, and the Board ruled that the location which they picked out was not suitable, that it was congested, close to other properties, and they drew the inference that if they could find a place that would elim- inate the objections the Board had, they could reasonably expect a different decision. He said the property they were seeking a permit for now was ideally situated; it is not near enough to any person to cause disturbance or objection, it is secluded, and he did not see how anyone could object. There are two other graduate nurses connected with this 210 z sanatorium. At the present time there are seven children there. He thought there might be some objection from people living nearby, but thought that if they could see the kind of business being carried on, they would favor it. Mr. William R. Greeley said that his daughter-in-law was very much interested in this sanatorium. She and he feel that this is a kind of institution heard described and would not be anything that would be obnoxious to the neighbors. Robert Lee of Jackson Court said he was a property owner in the vicinity. He said he had had occasion to go to the O'Keefe place at all hours over a period of four months and never had he seen anything objectionable . Dr. Clarence Shannon said that he had no particular interest except that he knew the property and knew the O'Keefe's by reputation. He knew that they had conducted a business that was never objectionable. He inspected the Aldrich property and found it in a dilapidated condition, and thought that if the O'Keefe 's took the place and the Ryders fixed it up, it would be an asset to the Town. Mr. Lee said that he had talked with Mr. Rudd of Audubon Road, and his ideas were the same as Dr. Shannon' s. Mr. William H. Ballard of 7 Hastings Road said that his house was on the same level as the Ryder house, and while there was considerable distance between them, he felt that the Ryder house was near enough to effect his. He said that he desired to register his objection of a non-personal nature. He said he had lived there for twenty-five years and had enjoyed the benefits of the Zoning Laws, and thought he was entitled to continue to enjoy them without any variation. Mr. Ballard said he thought it was unreasonable to ask for a variation so that a hospital could be maintained there . He said that he was in the real estate business, and thought he was experienced enough to know definitely that a variation in the zoning of a single residence district, the use being very carefully supervised, would immediately result in a depreciation in the value of the real estate in the vicnity. He has no present thought of selling any of his real estate holdings, but felt that the establishment of a santorium directly across the street would depreciate the value of them, and he could not expect to get as much in selling the property as if it were not there. He hoped that the Board would not grant the petition. The Chairman asked if he would have the same amount of opposition if a permit was granted for one year and not for an indefinite period, and Ballard replied in the affirmative. 211 Mr. W. H. Hannam of 23 Lincoln Street said that the Board had a very nice picture painted, and undoubtedly the sanatorium had a place, but he wished to object strenuously to the break- ing down of the Zoning Laws. He stated that this was purely a commercial venture. Mr. F. B. Hunneman of 7 Parker Street wanted to go on record as objecting for the reasons already given. He said he lived there for twenty-five years and had moved in there feeling that it was a residential district, and he hoped it would remain so. He said that a variance was usually for the benefit of the applicant . The Chairman asked if he felt the Ryder property was near enough to effect him personally, and he said that he did not , but objected to the establishment of a precedent. Mr. William H. Hagerty of 6 Lincoln Street said he wished to go on record as being opposed to the proposition. He called the Board' s attention to the fact that the whole district was strictly residential. He said the neighbors were ready to oppose the granting of a second permit to the Girl Scouts. He thought that the sanatorium would depreciate the value of his property, and that he could not sell it to the best ad- vantage. He said that this section was once in the R.2 section and was put back into the R. 1 district. He said that the O'Keefe' s were turned down in East Lexington, and he did not want to see the business carried on here. The Chairman asked how far his property was from the Aldrich property, and Hagerty said that it was 300 or 350 feet. Mr. Converse Hill said that he wished to be recorded in opposition. Mr. George M. Fuller of 2210 Mass . Ave wished to go on record as being opposed. He did not feel that he would be affected, but objected to the breaking down of the Zoning Law. The Chairman said that the Board had received five letters, 3 in opposition and 2 in favor. Mr. Ryder said that when the Zoning Law was passed the Board of Appeals was created to hear applications and make variances in the Zoning Law, and that is the real question at every one of these hearings . He said that this property had been recommended as either first or second choice for a high school. He wondered if Messrs. Ballard and Hagerty would object to the sanatorium more than that. Mr. Hagerty said that he did not believe that he would object to a high school there at the present time. Ryder said that he attended the hearing on the Girl Scout House, and remembered that Hagerty stated that the Aldrich property would be ideal for such a use. He asked if Hagerty thought the sanatorium would 212 be more objectionable, and he replied in the affirmative . Ryder said that this would not be a permanent thing, as they intended to dispose of the property, and would like to have the Town take it for school purposes . Judge Northrup felt that they were fulfilling the Zoning Laws, as they were going according to their pro- visions entirely. He said that before the enactment of the Zoning Laws, there was no place for a sanatorium but the people who drew up the Zoning Laws foresaw that there would be a need for one, and so made provision for them. Mr. Ballard said that he was a member of the Board that drew up the first Zoning Laws, and did not remember that anyone stated that there might be need of sanatoria. No other persons wishing to be heard, the hearing was declared closed at 8:50 P. M. The records of the meeting held on July 8th were declared approved. Letter was received from the Jenney Mfg. Co. request- ing that their permit to construct a lubritorium at Marrett Road and Waltham Street be extended for ninety days. Mr. Ferguson moved that the request be granted. Mr. Robbins seconded the motion, and it was so voted. The Board considered the application of Lila L. O'Keefe for permission to maintain a sanatorium for con- valescent and retarded children at 20 Lincoln Street, par- ticularly with reference to the fact that this application was for an activity of a purely commercial nature, and that the opposition to the permit being granted was substantial. Under the circumstances, the Board could not see that the public convenience and welfare would be substantially served by granting the permit, doM' ssbbsol rlnivorv�votngo deny , and. essrs . ± in & leso$ not voting, it was voted to deny the petition in the following form: The Board of Appeals, acting under General laws, Chap- ter 40, Sec. 27, having received a written petition addressed to it by Lila L. 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 Lex- ington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on August 12, 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: 213 That she desired to maintain a private hospital and sana- torium for convalescent and retarded children at 20 Lincoln Street, Lexington; That the humber accommodated would not exceed ten; That the ages would not be in excess of ten years ; That children while out-of-doors would have adequate super- vision; That the house was approximately 200' from the street line; That the grounds were about one acre in area; That there would be no patients having contagious diseases; That there had been no objection by those residing in the vicinity of the property now occupied by the applicant . Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: That in their judgment such an establishment would depreciate the values of their residences in the neighborhood; That it was purely a commercial undertaking, and that as such should not be allowed in a residential zone; That they felt that one variation of the residential character of the area might lead to others. At the close of the hearing the Board in private session on August 12, 1938 gave consideration to the subject of the petition and voted 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 not be in harmony with the general purposes and intent of the regulations in the Lexington Zoning Bylaw. 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 L. O'Keefe to maintain a private hospital and sanatorium for convalescent and retarded children at 20 Lincoln Street, Lexington. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth 214 CL 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 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) C. EDWARD GLYNN EDWARD W. KIMBALL WILLIAM H. DRISCOLL 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 July 29, 1938, to Abigail W. and Albion W. Shaw, Arthur N. and Mildred G. Freeman, Fred- eric & Louise G. Hunneman, Lizzie A. Burr, Victor R. and Katherine T . Saltsgaver, Lawrence G. Mitchell, John S. Spaulding, Alice J. Manley, heirs of, Mary F: Manley, Royal W. and Ruth C . Gilson, Georgie A. Washburn, Lex- ington Co-op. Bank, Eva K. Bramhall, Louisa G. T. Bean, Elizabeth Schulman, Tr., Elsie M. Glancy, Helen A. McCaffrey, Marion W. Jackson, Alice P. Hagerty, Charles W. and Robert L. Ryder, Trs. , William H. Hannam, Blanche E. Rudd, William H. and May B. Ballard, William R. Greeley, Harry W. and Edna F. Litchfield, Hollis and Helen N. M. Webster, Maria Amaru, Rose M. Tucker, Rev. W. J. McCarthy, Laura H. Litchfield, Augustine N. Foster, Minnie S . Seaver, Arlene 0. Lane, Everett M. Mulliken, William S . Seaman, Medora R. Crosby, Converse and Audrey B. Hill, Catherine A. Kimball, Robert P. Trask, Frederic L. Fis- cher, Arthur E. Haley, Louis G. and Fanny Cochrane, Amos L. Taylor, Tr. , Nellie J. Pierce, Mary S . Valentine, John G. and Josephine W. Hall, Lila 1. O'Keefe, and Girl Scout House, and also advertised in the Lexington Minute- Man on July 28, 1938, a notice of which the following is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals . July 27, 1938. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. 215 II 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. 20 Lincoln Street owned by Charles W. and Robert L. Ryder, Trustees, of 525 Walnut Street, Newton, by permitting the following: The maintenance of a private hospital and sanatorium for convalescing and retarded children. Lila Lawrenson O'Keefe 1557 Mass. Ave. NOT I C E Lexington, Mass. July 28, 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 Charles W. and Robert L. Ryder, Trustees, Lexington Estates Trust, and located at 20 Lincoln Street, Lexington, the maintenance of a private hospital and sanatorium for convalescing and re- tarded children, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27, of the General Laws and amendments; upon petition of Lila L. O'Keefe . The hearing will be held on August 12th, 1938, at 8:00 P. M. , in the Selectmen's Room, Town Office Build- ing, Lexington, Mass. ARTHUR N. MADDISON Chairman, Board of Appeals. Mr. Kimball said that he was opposed on the grounds that this was a business enterprise carried on e by a non- citizen of the Town. The meeting adjourned at 9:45 P. M. A true record, Attest: iQ C erk