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HomeMy WebLinkAbout1938-10-14 235 BOARD OF APPEALS MEETING II OCTOBER 14, 1938 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. M. Chair- man Maddison and Messrs . Glynn, Kim.,all and Ferguson were present. The Secretary was also present. In the absence of Clerk Robbins , Mr. Kimball was elected Pr - ClerkPro-tem. At 8:00 P. M. hearing was declared open on the applica- tion of Victor N. Rochette, M. D. for permission to maintain a physician' s office at 255 Bedford Street, Lexington. The notice of the hearing was read by the Clerk Pro-tem. Several people a?geared at the hearing. Dr. Rochette and his lather-in-law were present. The Chairman asked Dr. Rochette if he had lived in Concord, New Hampshire and was simply moving his practice down here, and he replied in the affirmative. The Chairman asked him if he was registered in Massachusetts, and he said that he was and that his Registration number was 17823. Mr. Glynn asked if he desired to have a general practice, and he replied that he did. Dr. H. B. Osgood of Bedford Street asked if this involved the zoning law, and the Chairman said that it did not. He then asked if Dr. Rochette intended to have any resident patients, and he said that he did not . Dr. Rochette said that he had been a doctor in a mental hospital in Concord and was very glad to get away from patients. Dr. Osgood said that he had obtained a letter from the State Board of Registration of Medicine in New Hampshire which spoke very favorably of Dr. Rochette, and had received a wire from a Dr. Dollof of the State Hospital, also speaking very highly of Dr. Rochette. He said that if Dr. Rochette was not going to have resident patients and was going to have a general practice, he thought that section of the Town would be very glad to welcome him to Lexington. No persons appeared in opposition, and the hearing was declared closed at 8:07 P.M. The group retired. The matter of the petition of Dr. Vitor N. Rochette for permission to occupy 255 Bedford Street for the mainten- ance of a physician' s office was considered, and letters from Concord, New Hampshire to the effect that his reputation while there was good having been received, it was unanimously voted to grant the petition in the following form (Mr. Robbins I wishing to be recorded in favor) : 236 r-•4 CEJ BOARD OF APPEALS PERMIT gla The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27 , having' received a written petition addressed to it by Victor N. Rochette , M.D. 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 Lexing- ton, which hearing was held in the Selectmen's Room, in the Town Office Building; on the 14th day of October, 1938. Four members of the Board of A -Ipeals 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 had been connected with the New Hampshire State Hospital in Concord for some years, and desired to open an office for general practice at 255 Bedford Street, Lexington; that he was registered in Massachusetts, and he did not intend to have any resident patients in his house; and a letter was received from the Clerk, Board of Registration in Medicine of the State Board of Health at Concord, New Hampshire , stating that he had been connected with the New Hampshire State Hospital for a number of years, and that his reputation is all right. No one appeared in opposition. At the close of the hearing the Board in private session on October 14, 1938 gave consideration to the sub- ject 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 not tend to impair the status of the neighaorhood. 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 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 237 Zoning By-law is hereby varied so far as may be necessary to permit the occupancy of 255 Bedford Street, Lexington, by Victor N. Rochette, M.D. , for his office as a physician; any signs to be placed on the premises to be not exceeding one and one-half square feet in area. 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 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 C. EDWARD GLYNN EDWARD W. KIMBALL HOWARD W. ROB ':INS I, Edward W. Kimball, Clerk Pro- tem 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 September 30, 1938, to Frank W. Dodge, Middlesex Institution for ,avings, Boston & Lowell R.R. Corp. , Lexington Coal Co. , Ernest A. Jr. and Bernice F. Snow, Cornelia Bierenbroodspot, 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. 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. and Katherine T. Woodford, Evelyn N. Fairchild, Margaret E. Ormond, Clarence H. Gleason, John F. and 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. and Beulah D. Parks , Wesley J. and Mabel V Brigbnm, Clifford M. and Ruth S. Martin, Madge and Sydney Folse, George A. and Ora K. Samnet, Gerald C. and Ruth J. Turner, Ervin R. Dix, Tr. , and Victor N. Rochette, M.D. , and also advertised in the Lexington Minute-Man on September 29th, 1938, a notice of which the following is a true copy. Edward W. Kimball Clerk Pro-tem, Board of Appeals. 238 r4 September 28, 1938. g'' 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 determine the application of section 9A of the Lex- ington Zoning By-Law with respect to the premises at No.255 Bedford Street, owned by Reverend Thomas Brady of Springfield, r4o. , by permitting the following: Maintenance of a Physician's office. Victor N. Rochette, M.D. (bar) W.S. Caouette (Signature) Concord, New Hampshire (Address) BOARD OF APPEALS N OT I CE Lexington, Mass. Sept. 28, 1938. The Board of Appeals will hold a hearing on the matter of determining the application of the Zoning Law by per- mitting on the premises owned by Reverend Thomas Brady and located at 255 Bedford Street, Lexington, the maintenance of a physician' s office upon application of Victor N. Rochette, M.D. , under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held on October 14th, 1938, at 8 :00 P.M. in the Selectmen's Room, Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. The records of the meetings held on September 16th and October 7th were declared approved. The meeting adjourned at 8 :30 P. M. A true record, Attest: Clerk Pro-tem.