HomeMy WebLinkAbout1938-08-12208
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
2E 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 finally 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
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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
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 backed and supported
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
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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 enoughto 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 sax orium 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.
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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.eatablishment 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 recomnended 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
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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 tomaintain 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 beubstantiall served.
by
granting the ye dMssbbsl1rnivorv�votngto deny
it,
and.essrs:Rin�& Feg son 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:
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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
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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 L. 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 L. 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.
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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, Massa
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 by a non -
citizen of the Town.
The meeting adjourned at 9:45 P. M.
A true record, Attest:
C erk
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