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HomeMy WebLinkAbout1939-03-24 278 CD BOARD OF APPEALS MEETING-PARCH 24, 1939 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building, at 8:00 P. M. Messrs. Glynn, Ferguson, Robbins, and Errol H Locke were present. The Secretary was also present. In the absence of Chairman Maddison, Mr. Glynn served as Chairman Pro-tem. At 8:00 P. M. hearing was declared open upon the application of Henry C. Brookings for permission to lengthen the building at 18/20 Waltham Street by sixty- three feet , and to install eight bowling alleys on the first floor of the building. The notice of the hearing was read by Clerk Robbins. Mr. William F. A . Graham was present, and said that he represented Mr. Brookings. Mr. Brookings purchased the property three or four years ago and had had several pros- pective tenants, but none were suitable until this one came along. It would be necessary to enlarge the present building, and in enlarging it, they were going to extend it out further and build a sound-proof shell so that there would be no noise outside. Graham said that the addition would add to the value of the taxable property and would enhance the value of the other property in the neighborhood. Mr. Glynn asked if there were any plans available . Mr. George F. Allen of Waltham said that he now operated the Brentwood Bowling Alleys in that City and was the person interested in installing alleys at 18/20 Waltham Street. He said that he had no plans available, but there would be no windows in the rear of the building, and there would be a fan. Mr. Glynn asked how far in the rear he would build, and he replied that he would build to the limit of the lot. It is 109' deep, and has a sixty-foot frontage on Waltham Street. Mr. Glynn asked what length was necessary for bowling alleys, and Allen said that about 98' was required. Mr. Glynn said he believed that the business zone there was only 100' deep, and a business could not extend into the residential zone. Allen said that it would be a brick building--he intended to build the addition of brick. Mr. Glynn asked how deep the present building was , and Allyn said that it was 47' . Mr. Glynn asked if he thought he could still build the alleys if he was limited to the 100' , and be replied in the affirmative. Mr. Glynn asked what kind of signs he had in Waltham, and Allen said he had a sign the shape of a bowling pin, about 6' tall and 2i' wide. He said his hours were 9:00 A. M. to 12:00 midnight . 279 IINo other persons wished to speak in favor of the granting of the petition. Mr. Richard J. Spencer of 11 Fairview Road, Woburn, said that he owned the house at 52 Waltham Street and felt that the noise from a bowling alley would annoy the people in his house . Mrs . Spencer said that they had a large investment at 52 Waltham Street and felt that the noise would be a detriment. She said that the people in the house usually retired early. Mr. Clayton Locke said he represented Mr. A. J. Bennett, owner of the property next to the property in question-- the Bennett property being at 24 Waltham Street. He felt that a bowling alley would be a detriment--it would reduce the income to the town in the assessed valuation of neigh- boring property. Mr. Locke also thought that bowling alleys would increase the traffic on Waltham Street . Mr. William S. Hunt said he felt that a bowling alley at this location would be an injury and an annoyance to everybody in the vicinity. He said he was representing the Hunt heirs, who owned four buildings in the vicinity. Mrs. Bridget Leary of 45 Waltham Street felt that IIa bowling alley across the street from her property would be very bad. She said she could hear the noise from the alley on Mass. Ave . over at her house. Mr. Sam Clow of 35 Waltham Street said that his family slept with the windows open, and he felt that the noise would be an annoyance. He felt that bowling alleys would be harmful if he were to sell his property. Mr. Allen said that he had twelve alleys in Waltham with two houses right beside them, and he suggested that the persons present go over there, and he would guarantee that they would not hear one pin fall. Mr. Locke asked if he depended upon a fan for ventila- tion, and where the air would come from. Allen said it would come from the top of the building. Mr. Graham said that Mr. Brookings had made inquiries from architects about noise, and had gone to Brookline and stood outside of bowling alleys to see if he could hear any noise, and he could not . He said that it was not econo- mically sound to operate in the summer, either. Mr. McLeod of 55 Waltham Street said he objected to the granting of the permit. No other persons desiring to be heard, the hearing was declared closed at 8:30 P. M. was declared open upon the appli- cation 8:31 P. M. hearing p P of Edward J. Casey for permission to use the barn at 76 Laconia Street for the killing of poultry. 280 rTi The notice of the hearing was read by the Clerk. Mr. Casey' s brother appeared at the hearing. He said that the business of slaughtering had been carried on there for thirty-five years His brother acquired the property a few years ago, and was using the slaughter house. There is a store on the premises which has been idle for some time, as well as the barn. He has found a customer who wishes to use the barn for the killing of poultry. He intends to run the place in a sanitary manner. This use would bring Mr. Casey some revenue . He said that the property embraced 25 or 26 acres of land. The Chairman asked if the Slaughter House was being operated now, and Casey replied in the affirmative. The Chairman asked how much killing of poultry there would be, and Casey said that his tenant would want to kill 200 or 300 chickens a day, and would buy them out- side the town. The Chairman asked if the killing would be done promptly, and Casey replied that it would, and would not be a housing place. If any poultry was kept overnight, it would be inside the barn. No other persons appeared in favor of the granting of the permit. The Slaughter Inspector informed the Board that there was a Slaughter House within l00t of the barn and within 1501 of the street. He said that Casey had cleaned up the barn a great deal already) and he saw no objection to the granting of the permit. The hearing was declared closed at 8:37 P. M. At 8:49 P. M. hearing was declared open upon the appli- cation of the Lexington Council, Girl Scouts, for a renewal of the permit to maintain a Girl Scout House at 2 Lincoln Street, Lexington. The notice of the hearing was read by Clerk Robbins. Mrs . Ina A. Downes, Commissioner, spoke in favor of the granting of the petition. Mrs . Downes read a statement which said that the Board had granted the Girl Scouts permission to use the property one year ago, upon certain conditions. She said that they had endeavored to live up to those conditions. She said that there had been no objection, as far as she knew, and presented petitions signed by twenty-five property owners in the viciAity stating that they were in favor of the granting of the peti- tion. Mr. Walter Rowse, President of the Lexington Home for the Aged, almost directly across the street from 2 Lincoln Street, said that for one year they had had an opportunity to determine how the use of the premises affected 281 them. He talked with the Matron, Mrs . Bowles,- who said that the occupants of the Home regarded the presence of the Girl Scouts as delightful and an advantage . They felt that the property was of even greater value than before, and were enthusiastic about the whole proposition. He wished that the Board would renew the license. Mr. W. H. Ballard said he was in favor of having the permit renewed. He has not objected to the use of the premises in the last year, and found no use that was pred- judicial to the neighborhood. He felt that there had been less use of the premises than if it had been a single res- idence. Mrs. Hollis Webster called the Board's attention to the interest that had been taken in the Scout House--Not only by the leaders in town, but by the leaders and troops in other towns. She felt that the Town was proud to have such a place. Mr. Robert H. Bolt asked what conditions were imposed on the permit, and the Chairman read them. He said he did not live near the premises, but felt that the Town in general was in favor of the proposition. He said that the Community Fund activities in this Town had the whole- hearted support of the Town, and the Girl Scouts are one of the chief beneficiaries, and receive substantial finan- cial support from the money raised. He said that the whole town must realize the value of the Girl Scout activities in the Town. So far as their being located in this par- ticular place, he said it was difficult for him to see how there Could be arty objection to it. The site is near the playground, which was dedicated long before Mr. Hagerty occupied the property next to the Scout House. He could not see how the activities of the Girl Scout House could change the character of the neighborhood. He hoped the Board would grant the permit . Mr. Willard C . Hill of 2160 Mass. Ave . felt that the provisions of last year' s permit had been carried out, and he hoped that the further use of the building would be continued. Mr. Charles R. Young, Attorney, said he represented Mr. William D. Hagerty and Mrs . Medora R. Crosby, who opposed the granting of the petition. He said that when the Hagertys moved into their house they did so because they liked the location and because the Town had Zoning Laws . They expected, and still expected, that it would be a residential section. He felt that the Board would agree that when one had a club-house of 200 or 300 people, it ceased to be a residential district. If the club house had been there before, it would be a different proposition. However, it was not there, and these clients of his purchased their properties for the purpose of living 282 rri in a residential section. There are bound to be more cars around than if the house was a residence, bound to be horns, and bound to be more noise . Young said that there was no question but that the value of the property had depreciated, and Mr. Hagerty and Mrs. tirosby believe that it has. He said that if the Girl Scout House had been there before, probably Mr. Hagerty would not have purchased his house . The Chairman asked Mr. Young if he based his opinion largely upon the cars and the noise, and he replied in the affirmative, adding that the property values depreciated, and there was noise from people. The Chairman asked if it was a regular thing to have 24 or 25 cars at the Girl Scout House, and Young said he could not say, but he knew that there had been several ears there. Mr. W D. Hagerty said that last year he had had an appraiser write a letter to the local paper on the effect that a club-house would have on adjoining property, and he requested Mr. Don C Brewer, the person who wrote the letter and who was present, to read that letter, which he did. The Chairman asked Ur. Brewer if he was a regular appraiser, and he said that he was not now, but had acted in that capacity in the past . He had re-appraised several communities for tax purposes. The Chairman asked if he had made a sufficiently intimate appraisal of this property (Hagerty' s ) to tell how much the property had depreciated, and Mr. Brewer answered in the negative . Mr. Hagerty said he purchased his property four years ago when it was in an R-1 District, which was one of the reasons he did buy it. He said he was not opposed to Girl Scouts, but he felt that the use of #2 Lincoln Street as a Girl Scout House depreciated the value of his property. He said that many people in the neighborhood objected to the Girl Scout House, and he presented a petition signed by several property owners in the neighborhood objecting to the renewal of the permit. Mr. Hagerty said that he wrote the Girl Scout Council last year and told them that he was not opposed to Girl Scouts, but was opposed to them having a club house beside his residence, and that if they located in some other suit- able place, he would donate $200.00 toward it. He presented a copy of that letter. He said he was very much hurt last year when one or two of the leaders went around Parker Street speaking to the neighbors stating that they would consider it a badge of honor to have a Girl Scout House next to them. He thought it was unfair and unkind. Mr. Hayden and firs . Downes called on him last Easter Sunday, and he asked Mrs Downes how she would feel about having a Boy Scout house on Edgewood Road (where she lives), and she merely said that it was pretty crowded on Edgewood Road. 283 Mrs. Downes said that she thought Mr. Hagerty misquoted, although probably unintentionally. She said that what she had told Mr. Hagerty was that inasmuch as he had chosen to live on a playground, perhaps it was inevitable that a club house would be put in there. Mr. Hagerty said that last year he had ideas of taking this matter into court, but had let it drop. He said that the Ladies' Council met several times e week, and he had had his driveway blocked up on several occasions, and last October 13th it was blocked so that even the doctor could not get fn. No other persons wishing to be heard, the hearing was declared closed at 9:20 P. M. The following letter was received from the Colonial Garage: March 16, 1939 " Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: We would ask your Board if it would be possible to vary the zoning of the so called Valentine land fronting on Vine Brook Road, so as to permit the construction of an apartment house on those premises. It is our understanding that at present there is no provision in the Lexington zoning by-laws which would per- mit such a project. We feel, however, that a proper develop- ment of this character would be beneficial to the town as a whole, and we also feel that due to the depth and location of the above premises, that they constitute an ideal spot for such a development. Tentative plans of such a project are now in our possession, and we would be pleased to submit them for your inspection at your convenience. Very truly yours, COLONIAL GARAGE, INC . "EJV:H Eugene J. Viano, Pres. " 284 The Clerk was instructed to answer the letter as follows: "Colonial Garage, Inc. rt 1668 Mass. Ave . Lexington, Mass. Gentlemen: The Board of Appeals has directed me to acknowledge receipt of your letter of March 16th. It is understood that the portion of the Valentine land which fronts on Vine Brook Road is in a residential zone and there is no provision in the zoning by-law allowing the erection of apartment houses in a residential zone. Likewise there is no provision in the zoning by-law under which the Board of Appeals has the power to grant a variance of such a nature. Presumably this would require an amendment to the zoning by-law, which comes under the jurisdiction of the Planning Board, with whom it is suggested that you communicate. Yours very truly, Eleanor M. Lowe " CEG:EML Secretary, Board of Appeals." The records of the meeting held on March 16th were declared approved. The Board considered the Brookings application, and the Chairman dictated the following letter: tt Dear Mr. Brookings: The Lexington Board of Appeals has instructed me to say that with respect to the hearing held on the evening of March 24th on your application for permission to maintain bowling alleys at 18/20 Waltham Street, Lexington, it is unable to come to any decision without seeing blue prints or plans of the structural changes proposed with relation to the plot of ground on which the building will stand, and rough specifications--particularly with respect to sound- proofing of bowling alleys and the location of windows. It is also requested that you advise the Board if there will be provided any parking areas for the cars of patrons of the alleys. Yours very truly, ELEANOR M. L€ WE CEG:EML Secretary, Board of Appeals. " 285 Letters from blanche T. Nilson and Sarah E . Comley objecting, were read. The Board then considered the Casey application, and upon motion of Mr. Locke, seconded by Mr. Ferguson (Mr. Kimball wishing to be recorded in favor, also) it was unan- imously 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 Edward Casey, 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 Lex- ington, which hearing was held in the selectmen' s Room, in the Town Office Building on the 24th day of March, 1939. One Associate and three 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 on the premises at 76 Laconia Street, Lexington, he 11wished to use the existing barn for the killing of poultry; That this barn was located within a short distance of a slaughter house that has been in use as such for many years; That no poultry would be kept on the premises outside of the barn; That the premises were being kept in a sanitary condition at the present time; That the property consists of approximately twenty-five acres . No one appeared in opposition. At the close of the hearing the Board in private session on March 24th 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 be substantially served by the making of the exception requested. 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 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 provi- sions of the Lexington Zoning By-law as to the locus in 286 question would involve substantial hardship to the peti- tioner 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 Lex- ington Zoning By-Law is hereby varied so far as may be necessary to permit Edward J. Casey to maintain the barn located at 76 Laconia Street, Lexington, for the killing of poultry, on the following conditions : That the premises be kept in a sanitary condition; That the use shall not be allowed to become objectionable to the neighbors, That none of the poultry to be killed shall be kept outside of the barn. 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 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 open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPE-LS OF LEXINGTON (Appointed under G.L.Ch. 40, Sec. 2'7) C . EDWARD GLYNN ERROL H. LOCKE CHARLES E. FERGUSON HOWARD W. ROBBINS EDWARD W. KIMBALL 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 the 7th day of March, 1939, to William A Murray, George H. Spellenberg, Heirs of Eliz- abeth A Butcher, William `. Spellenberg, Sabatino Stacchi, John P. and Mary K Murray, Solomon C . Samourian, Elthina & Howard Ivi Munroe, Edward Casey and McArdle Bros. & Thompson, and also advertised in the Lexington Minute-Man on March 2, 1939, a notice of which the following is a true copy. HOWARD W. R OBB IN S Clerk, board of Appeals 1 287 February 27, 1939 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 vary the application of section 9A of the Lexington Zoning By-Law with respect to the premises at No . 76 Laconia Street, owned by Edward Casey of Lexington, by permitting the following: the use of the barn for the killing of poultry. Edward Casey (Signature) 76 Laconia St. (Address ) Lexington N 0 T I C E II Lexington, Mass . March 2, 1939. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises located at 76 Laconia Street, Lexington, and owned by Edward J. Casey, the use of the barn for the killing of poultry, 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 Larch 24, 1939, at 8:15 P. M in the Selectmen's Room, Town Office Building, Lex- ington. ARTHUR N. MADDISON Chairman, Board of Appeals In arriving at the decision on the Girl Scout House, the Board was largely influenced by the fact that the premises abut directly on the public playground, which is devoted largely to the activities of the young people, and that the use of the premises permitted under such cir- cumstances should be less objectionable to residents in the neighborhood than the ordinary activities of the play- ground. 288 MasttTO1 1 Upon motion of Mr. Ferguson, seconded by Nr. Robbins, (Mr. Kimball wishing to be recorded in favor, also) it was unanimously 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 the Lexington Council, Girl Scouts, 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 Town Office Building on the 24th day of March, 1939. One Associate and three 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 be- half of the petitioner tending to show: That the Girl Scouts of Lexington desired a renewal of the permit to use the property at 2 Lincoln Street, Lexington, for the mairienance of the Girl Scout house; That during their year' s occupation of the premises they had tried in all respects to comply with the restrictions set forth in the previous permit and had endeavored to see that the house was maintained in such manner as not to be objectionable to residents in the neighborhood; That they could think of no better location for such an activity than one adjoining the public playground, as is true of the present property; That many residents of the neighborhood consider it a desirable occupancy and are in favor of having the permit renewed. Persons appearing in opposition to the granting of the permit stated that they feared that the maintenance of the Girl Scout House at the location would depreciate the value of their property; that there had been some parking of auto- mobiles that interfered with the access to their property; that they could not object to the activities of the abutting playground, but they did object to the property in question being used for anything but residential purposes . At the close of the hearing the Board in private session on March 24th gave consideration to the subject of the pe- tition and voted unanimously in favor of the following find- ings : 1. That in its judgment the public convenience and 289 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 neighborhood. 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 pe- titioner 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 is hereby varied so far as may be necessary to permit the Girl Scouts of Lexington to occupy the premises at 2 Lincoln Street, Lexington, for the maintenance of a Girl Scout House, subject to the following conditions_ That no drum, bugle, or other band instruments shall be played on the premises; that all activities of the occupants of the premises shall be under careful super- vision at all times, and no trespassing shall be per- mitted on the adjoining properties, that the activities carried on shall not be such as are generally considered objectionable in a residential neighborhood; that no signs shall be permitted on the outside of the premises so that they may be seen from the street or surrounding properties. 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 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 Lexin;ton 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 LETINGTON (Appointed under G.L.Ch. 40, Sec. 27) C Edward Glynn Errol H . Locke Charles E . Ferguson Howard W Robbins Edward W. Kimball 290 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 cert- if icate of mailing on the 8th day of March, 1939, to' Abigail W. and Albion W. Shaw, Arthur W. and Mildred G. Freeman, Frederic and Louise G. Hunneman, Lizzie A. Burr, Victor R and Katherine T . Salts&aver, Lawrence G. Mitchell, John S. Spaulding, Alice J. Manley, heirs of, Mary F Manley, Royal A. and Ruth C . Gilson, Georgie A. 'Washburn, Lexington Co-op. Bank, Eva K Bramhall, Louisa G. T . Bean, Elizabeth Schulman, Tr., Elsie Y. Glancy, Helen A McCaffrey, Marion W. Jackson, Alice F . Hagerty, Charles W. and Robert I. 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 L. Litch- field, Augustine N. Foster, Minnie S. Seaver, Arlene 0. Lane, Everett M. Mulliken, William S Scamman, Medora R. Crosby, Converse and Audry B. Hill, Catherine A Kimball, Robert P Trask, Frederic L. Fischer, Arthur E . Haley, Louis G and Fanny Cochrane, Amos L. Taylor, Tr. , Nellie J. Pierce, Mary S . Valentine, John G. and Josephine W. Hall, Ina A. Downs, and Josiah Willard Hayden Recreation Center, Inc. of Lexington, and also advertised in the Lexington Minute-Man on March 9, 1939, a notice of which the follow- ing is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals Larch 4, 1939. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General saws, Chapter 40, Sec- tion 27, to vary the application of section 9A of the Lexington Zoning By-Law with respect to the premises at No. 2 Lincoln Street, owned by the Josiah Dillard Hayden Recreation Centre, Inc. of Lexington, by permitting the following: Maintenance of Girl Scout House by the Lex- ington Council of Girl Scouts. Lexington Council Girl Scouts By: Ina A Downs, Commissioner 11 Edgewoor Road Lexington, Mass. 291 NOTICE Lexington, Mass. March 8, 1939. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises located at 2 Lincoln street, Lexington, and owned by the Josiah Willard Hayden Recreation Centre, Inc. of Lexington, the renewal of a permit to maintain a Girl Scout House by the Lexington Council of Girl Scouts, 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 March 24th, 1939, at 8 :30 P. M. in the Selectmen' s Room, Town Office Building, Lex- ington. ARTHUR N. MADDISON Chairman, Board of Appeals The meeting adjourned at 11:00 P M. A true record, Attest: Clerk