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HomeMy WebLinkAbout1940-04-26102 BOARD OF APPEALS LMI TING , April 26, 1940 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 7:30 P. Pd. Messrs. Glynn, Locke, Kimball, and Associate Member Bowker were present. The Secretary was also present. At 7:30 P. M. hearing was declared open upon the application of Herman MacKay for permission to maintain a kindergarten on the premises located at No. 36 Waltham St., Lexington. Seven Persons were present at the hearing. The notice of the hearing was read by Clerk Pro -tem Bowker. Mr. Glynn acted as Chairman Pro -tem. Mr. McKay said that he desired to remodel the barn in the rear of 36 Waltham Street for a kindergarten. He presented a blue print showing proposed changes in the building.:. Mr. Glynn asked if the barn had been used for human habitation, and MacKay replied in the negative. Hesaid ' that the Building Inspector of Lexington and the State Inspector had seen the premises and had approved the plans. Mr. Glynn asked if he was conducting a kindergarten now, and he said that he was;n$,,t. The kindergarten will be operated by Mrs. George, C. Sheldon, who is conducting one at 52 Waltham Street ndt. The present quarters are too small. Mrs. Sheldon said that she had twenty-eight pupils now. Mr. Glynn asked what months of the year the school was open, and she said it was opened in the middle of September and remained open until the last of May. Mr. Glynn asked how long she had conducted the school, and she said that she had conducted it for two years. Mr. Kimball asked if all the activities would be inside, and MacKay said there would be an outside play yard, with slides and swings. Mr. Kimball asked if the barn came within the 100' business area, and MacKay said that the barn was about 128 feet back from the street line. No others wished to be heard in favor of the granting of the petition. Susan A. Spencer of 52 Waltham Street said that she owned the property where the kindergarten is now, and has , 103 ' owned it since 1931. Two years ago she remodelled the barn according to Mrs. Sheldon's specifications, and she was very much surprised to hear that Mrs. Sheldon was moving over to the MacKay barn. Mrs. Spencer said that she had already made her investment, while Mr. MacKay's was a pro- posed investment. She said she would like to have the kindergarten remain with her. The Chairman pro -tem asked if 'she had a permit for 52 Waltham Street. Mrs. Spencer said that her husband was in the hospital, and was so ill that she could not ask him any questions on this. She said that as she remembered it, Miss Thomas applied for a hearing on Muzzey Street, but decided to use the Spender place, and her $5.00 was refunded to her. She ran the kindergarten until 1937, when Mrs. Sheldon and Mrs. Coolidge took it over. Richard Spencer of 87 Waltham Street wished to be recorded in opposition, on the same grounds as his mother. Robert Spencer of 87 Waltham Street objected on the same grounds. Mr. George C. Sheldon asked if the mere fact that Mrs. Sheldon wanted to move to another location had any bearing on the question of zoning, and Mr. Glynn said that it had only in that a new location required a permit. Mr. Sheldon said that the present property was not ' satisfactory and the relations had not been pleasant. Robert Spencer said that the loss of the present tenant did not mean that they intended to discontinue the use of the premises as a kindergarten. No others wishing.to be heard, the hearing was declared closed at 7:45 P. M. The minutes of the meeting held on April 15th were declared approved, with one correction. Upon motion of Mr. Bowker, seconded by Mr. Kimball, it was unanimously voted that the permit be granted in the following form: (Mr. Maddison wishing to be recorded in favor) 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 -Herman MacKay, 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 loo Building on the 26th day of April 1940. 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 he wished to alter the barn located on the pre- mises in the rear of the premises at 36 Waltham Street so that it could be used for a kindergarten, and that he wished to receive a permit for its use as such; that the occupant would be Airs. George C. Sheldon, who, at the present time, conducts a kindergarten at 52 Waltham Street, on premises of Susan A. Spencer; that there would be a small play yard for the children outside of the building; that the number of children accommodated at,the present time is twenty-eight. Evidence was offered on behalf of those opposing the granting of the petition tending to show that the school is now conducted on premises in which they are interested, and which would be vacated in case the permit was granted. At the close of the hearing the Board in private session on April 26, 1940 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 enforceient 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 decidds that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary ' to permit Herman MacKay to use, after suitable alterations, /Vs - the V -- the barn located in the rear of the premises at 36 Waltham ' Street for a kindergarten, subject to the following con- ditions: 1. That this permit shall run only so long as Mrs. George C. Sheldon conducts the kindergarten; 2. That the area surrounding the building shall be kept in a neat and clean condition at all times; 3. That the children shall be given such supervision as to ensure against their becoming a nuisance to the neigh- borhood. 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) C. Edward Glynn ' Errol H. Locke Winthrop H. Bowker Edward W. Kimball A. N. Maddison I. Winthrop H. Bowker, 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 cer- tificate of mailing on the 12th day of April, 1940 to Anstiss S. Hunt at al, Florence P. Cleveland, Emma J. Clow, Bridget Leary, Susan A. Spencer, Sarah E. Comley et al, Emily Franks, Freda R. Bunker, Emily H. Morse, Robert T. and Richard J. Spencer, Jr., James F. O'Halloran, heirs of, Gertrude E. Mitchell, Sebastiano Nicci, Mabel F. Peterson, Rev. William J. McCarthy, Beatrice F. Morse, Herman B. and Margaret R. MacKay, J. Joseph and Anne T. Hurley, Margaret Gallagher, Florence Nickerson, Phyllis M. Jenney, Anne F. Rudd, Emma T. Pring, Blanche T. Nilson, Helen F. Lombard, Benjamin F. and Mildred P. Groot, Clements H. and Mildred P. Ferguson, Colonial Garage, Inc., Lucy D. Hutchinson, Bertha M. Hutchinson, Alice T. McCarthy, Bertha M. Baker, Frederick D. Cook, Lexington Savings Bank, M. & L. Realty Co., Lillian L. Viano, Tr., Daniel Daniels, Waltham National Bank, Meyer Rubin and Harry G. Seligman, Universalist Pub- lishing House of Boston, Daniel J. O'Connell, Boston Edison ' Co., Edward J. and Mary C. Connors, Sylvia Viano, and also advertised in the Lexington Minute -Man on April 11th, 1940, a notice of which the following is a true copy. WINTHROP H. BOWKER Clerk Pro -tem, Board of Appeals 106 April 3, 1940 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 pre- mises at No. 36 Waltham Street, owned by Herman McKay of Lexington, by permitting the following: Maintenance of a kindergarten. Herman MacKay 36 Waltham Street NO TI CE Lexington, Mass. April 11, 1940 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of Herman MacKay for permission to maintain a kindergarten on the premises located at No. 36 Waltham Street, Lexington, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will beheldon April 26th, 1940, at 7:30 P. M.,in the Selectmen's Room, Town Office Building, Lexington,'Mass. ARTHUR N. NIADDISON Chairna n, Board of Appeals The meeting adjourned at 8:25 P. M. A true record,, Attest: WMA46r Al1j • Clerk Pro -tem 1