HomeMy WebLinkAbout1940-05-14107
BOARD OF APPEALS MEIETING
May 17, 1940
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 7:30 P. M.
Messrs. Glynn, Robbins, Locke, Kimball and Bowker were
present. The Secretary was also present. In the absence
of Mr. Maddison, Mr. Glynn acted as Chairman.
At 7:30 P. 11. hearing was declared open upon the
application of Philip N. Winkler for permission to construct
and maintain a retail gasoline station and lubritorium on
land owned by the Medford Trust Company located at the
corner of Waltham Street and Varrett Road.
The notice of the hearing was read by Clerk Robbins.
There were eight persons present at the hearing.
A Mr. Gleason said that he represented the Medford
Trust Company. He said that this was the only piece of
property that the bank had in Lexington, and is one of
the remaining assets of the Medford Trust Company that it
was trying to dispose of. They felt that a gasoline
station was the highest and best use to which this parti-
cular piece of land could be put. He doubted if they could
sell it for any appreciable amount of money, except for a
gas station. He said that there were two gas stations at
the corner now, and he thought another one would not be
detrimental to the neighborhood. He bail he understood a
major oil company was ready to go in here and take a ten
year lease. He hoped that the Board would bear in mind
that this was the only way the property could be liquidated
to advantage.
Mr. Philip N. Winkler of 1737 Cambridge St., Cambridge
said that he represented the buyer, and if the permit was
not granted, he would not be interested in the property.
He could not see that there was any value to the property
without it. He said that the lunch room which was there
did not pay. He thought that the taxpayer should have some
consideration, and he could not see any objection to the
granting of the permit. 4inkler said that the Colonial
Beacon Oil Co. proposed to take a ten year lease on the
gas station. Some people have said that they would not want
to see an abandoned gas station, but that would not happen
here.
The Chairman asked if he represented the prospective
buyer, and he said that he did.
The Chairman asked what the capacity of the tanks would
be, and he said the capacity would be 4,000 gallons.
148 ►�
�2.
Mr. Sydney Hooper of 209 Washington Street, Boston, said
he represented the Oil Co. that would operate the station.
The Colonial Beacon Oil Co. is willing to take a ten year
lease on the property if the permit is granted. Hooper
said that the company proposes to build a one car lubrito -
rium. He showed a plot plan of the land. They would use
a plot 100' square, making allowance for the curve.
The Chairman asked where the entrance and exit would
be, and Hooper said they would be on the Waltham Street
side. He said the problem was to take care of traffic on
Waltham St. He showed a plan of the proposed building.
The Chairman asked what hours they wanted to operate,
and he said the station would open at 6:00 A. M. and close
at 11:00 P. M.
The Chairman asked what lighting they would have, and
Hooper said they would have the usual lights and signs -
two flood lights to light up the building.
The Chairman asked how far back from the street line
the pumps would be, and he said twenty feet. The building
would be about forty-five feet back from the street line.
The sign on the station would be four and a halt" feet in
depth and seven feet in length, with the word "ESSO" on it.
The Chairman said that if the Colonial Beacon Oil Co.
was willing to lease the property for ten years, it must
feel that there will be business enough there. Hooper said
that they had checked at all hours, and felt that tonere would
be enough business. He said that the building would cost
$3,000.
No one else appeared in favor of the petition.
Mr. John H. Davison of 280 Marrett Road said that there
were two gas stations at that corner now, and he thought
that that was enough for the amount of business there was
there.
The Chairman asked if he was interested because his
home was near this corner, and he replied in the affirma-
tive. He thought another gas station would be a detriment
to the neighborhood.
No one else wished to be recorded in opposition.
The hearing was declared closed at 8:00 P. M.
At 8:00 P. M. hearing was declared open upon the appli-
cation of Gertrude E. Doe for permission to maintain a
convalescent home at 2y.Maple Street, Lexington.
The notice of the hearing was read by the Cl-erk.
Nine persons were present at the hearing.
The Chairman asked Mrs. Doe if she was the owner O
the lessee of the property, and she said she was the lessee.
r,
He asked if she was going to operate the convalescent home,
and she replied in the affirmative. She said that she
understood that the property was in a business district,
and it was not until she had made a deposit on the house
that she found out that it was not. She said that the house
set back 0100' from the street.
The Chairman asked if she leased the property with the
understanding that she was to run a convalescent home,
and Mrs. Doer replied in the affirmative. She said that
she was a domestic nurse, and had had a few patients in North
Lexington.
The Chairman asked what type of patients she would take,
and she said they would be elderly people; no mental or
contagious cases.
The Chairman asked what facilities she had for such a
place, and Mrs. Doe said that everything inside was being
put into good condition, papered, painted, etc. There are
three stairways.
ThV Chairman asked how many patients she would have,
and she said that she didn't know. She said that she had
six rooms that she could use for patients, three of which
were very large. .The Chairman asked if she intended to
have other nurses, and she said that she did not. The
Chairman asked how she got her patients, and she said she
' had a couple from the Town, and would get others from doctors.
Mrs. Doe said that she had lived in Lexington for twelve
years, and four years ago her husband passed away. She had
been doing some of this work since to support herself.
Mr. Kimball asked if there was more than one bath, and
she said that there were two baths on the second floor, and
there were no toilets on the first floor. Mr. Kimball asked
if all her patients would be upstairs, and she said that
she could keep some able-bodied ones downstairs.
Mr. Kimball asked if her lease siiaply had to do with
the house, and she replied in the affirmative.
Albert H. Polk, Mrs. Doe's son-in-law, said that he
lived with Mrs. Doe, and was in favor of the granting of the
petition.
Richard R. Wiggins of 7 Maple Street said that he was
opposed to the granting of the petition. He asked bars. Doe
if she had operated a similar home in North Lexington, and
she said that she did. He asked if such a thing was per-
missable under the Zoning Laws, and the Chairman said that
it was subject to a permit from the Board of Appeals.
Wiggins said that he would like to see this kept a strictly
residential section. He said that there was a "sales"
stable on the Ryder property now, and a riding school, tour-
ist home, and gasoline station in the vicinity. He said
that the barn an the Ryder property was used as a rest home
for race horses in the winter.
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The Chairman asked if he had found the riding school
,
objectionable, and he said that he had not. He said that
he lived two or three hundred yards from the Ryder pro-
perty, and he felt the granting of this permit would be
a detriment to his property.
Benjamin W. Day of 13 Maple Street wanted to know if
this permit was granted, it would remain in force forever,
and the Chairman said that depended on how the permit was
granted. He said that in some cases a permit was granted
for one year only, and that ordinarily the use ran to the
individual rather than to the property.
Mr. Day asked if there would be a chance later on to
object if they wished to do so, and the Chairman said that
there would, provided the permit was granted for one year
only.
Mr. Day asked if there was any difference between a
convalescent home and a rest home, and the Chairman said
he could not answer the question. Day said that he had
two children, and that was why he was interested in this
petition.
Mrs. Doe said that the home would simply be for people
that had been sick, and that they intended to build up
the property rather than let it run down.
Mr. Day said that he worried about people walking up
and down the street who might be objectionable. He said
he really was not objecting to the petition, but did want
,
to have a chance to protest later on if the home was found
to be objectionable. He said he was not opposed to a trial
period.
Yr. Polk thought that when the grounds were improved;"
the place would increase the value of property in the
neighborhood.
Mrs. Helen Wiggins of 7 Idaple Street asked Mrs. Doe
why she gave up her place in North Lexington, and Mrs. Doe
said that it was not large enough. She said that the
Ryder property had plenty of trees the old people could
sit under. Mrs. Wiggins said that they did not want that
sort of thing in the neighborhood.
The hearing was declared closed at 8:25 P. M.
The records of the April 26th meeting were declared
approved.
At 8:30 P. I.I. hearing was declared open upon the applica-
tion of Sally White to maintain a convalescent home at
283 Mass. Ave., Lexington.
The notice of the hearing was read by Clerk Robbins.
Fourteen persons were present at the hearing.
Mr. Mason H. Stone said that he was an attorney with
offices at 27 State Street, Boston, and represented the
'
applicant. He said that when he was interested in the
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property before, Mr. & Mrs. Mullen were running an inn.
He said that the building had been a non -conforming use
since 1924, and was at the enactment of the Zoning Law in
1929. He said that in 1937 the property was changed to
a business zone. At that time they believed that changes
would be made in the gas station, and they could not under-
stand why the work had been delayed so long. He said he
understood that the contract for the work had been let
now so that the property would be improved soon.
Pyr. Stone said that in 1939 the bank foreclosed on the
property. He said that the property was assessed for
X132340, of which 19700. is upon the buildings. He said that
the only houses in the immediate vicinity were on the opposite
side of the street where there is a set -back of twenty feet.
On the same side, toward Arlington, is one house which is
approximately fifty feet from the Inn. Stone said he under-
stood that the owners had no objection to this petition.
P.r. Stone said that the property was adaptable to only
certain purposes, and it was with that in mind that Mrs. Sally
White became interested in the property. He said that she
had been registered for some twenty-five years with the
Registry in the Dorchester District of Nurses. He said that
she had operated similar houses in Stoneham and Wakefield.
She gets her patients from Everett, Arlington, Stoneham,
' Wakefield, and a few other places. At the present time she
has twenty-seven patients. There is a registered nurse on
duty at all times, and there are two other nurses, a cook, and
a helper. The bank has spent over $1500. on these premises --
it has installed an oil burner, put in iron fire escapes, fire-
proofed the boiler room, etc. The porch has been enclosed with
an iron rail. The premises have been improved materially on
the outside, and very materially in the inside. Representatives
of the bank have been there several times unannounced, and found
things to be clean and orderly. heir. Stone said that the place
was a suitable one for people of advanced age.. He said that
he talked with the Department of Public Welfare at 14 Beacon St.
Boston (with a hiss Black, the Secretary), and was told that
Yrs. White had been granted a license for a Boarding Home for
Aged Persons, and that there was no distinction, as far as
they are concerned, between a Convalescent Home and a Home for
Aged Persons. He said the property was .3 of a mile from the
Arlington line, and was ideal for this purpose. Pyr. Stone
said that if the property could not be used for some purpose
such as was asked here, they might have to tear it down, in
which case the income to the town will be materially reduced.
He said that the property was under the supervision of Nr. Evans
of the North Avenue Savings Bank, to some extent. Mr. Stone
said that they would try to see that,a proper place was conducted
there. He said that he understood that the Town of Lexington
I
boarded its aged people in Somerville, and he thought that
Lexington might be able to send some of its people to this place,
112
and keep the business in town.
The Chairman asked Mrs. White how many rooms there were
,
available for patients, and she said that she had three
rooms downstairs, twelve on the second floor, and that
they were very large rooms. Some of thein are used as
wards. The Chairman asked about bathroom facilities, and
she said that there were four bathrooms.
The Chairman asked if any of her patients were mental
cases, and Mrs. White replied in the negative. She said
that she did not intend to have mental cases. The Chair-
man asked if any of her patients had contagious diseases,
and she said that they did not.
The Chairman asked if her patients originated a great
deal with the towns, and Pairs. White said that they did,
but not all of them originated from towns.
Mr. Kimball asked what would happen if she found that
she had a contagious disease case, and Mrs. White said she
couldn't keep one there.
Mr. Kimball asked abouttoilet facilities, and Mrs. White
said there was a lavatory on the first floor, and the three
upstairs rooms had baths in them. She said she had been
there since last September.
Mr. Stone said that the premises had been inspected
by the Building and Fire Departments, and everything was
approved.
Mr. Kimball asked if Mrs. White came under any State
'
Regulations, and Mr. Stone said he understood that Mrs.
White had been granted everything she could have. He saw
no reason why she should not continue. Mr. Stone said that
a bill in equity had been brought in this matter.
Mr. Evans of the North Avenue Savings Bank said that
his contact with the place had been at the request of the
Department of Public Safety and the local Fire Department,
who suggested some changes in the boiler room. He said
they installed a new oil burner with safety devices and had
fire -proofed the boiler room. He said that the property
was in much better condition than when the Mullens had it,
and he thought it was a very beneficial change for the Town.
Mr. White said that he went over the electrical work in
the building with the Wire Inspector and it was in a terrible
condition. They put it in shape and the Inspector approved
it.
Mr. Frank Schiorring said that he represented his parents,
Harold W. & Hildur Schiorring, owning the property at 282
Mass. Ave. He said they purchased the property in 1929,
believing that this was a residential district. He said that
if this permit was granted, it would leave open property
which could be used for similar purposes. He said that
the issue at hand was that Mrs. 'White had a permit for a
boarding home and now wanted a permit for a convalescent
home. He said that his parents would more from the community
if this permit was granted.
113
The Chairman said the petition was not for a change in
' the Zoning Law, but was fors use permitted subject to a
permit from the Board of Appeals. Schiarring said that he
objected to the variance of the Zoning Law. He said that
people were carried in and out of the place on stretchers,
and that undertakers' wagons were there frequently. He
said that the place was detrimental to their property, and
that they did not object to the hotel that was there pre-
viously.
Mr. Stone said he understood from the State Department
of Public Welfare that Mrs. White would have the right to
maintain a Home for Aged Persons without coming for this
petition.
Helen Burke of 314 Mass. Ave. said that she objected
for several reasons. S`�e said she did not like the appear-
ance of the inmates; some of the patients were brought in
out-of-town police ambulances, so they must be welfare
patients. She said that if such a place had been there when
they came to Lexington, they would not have purchased near
the place. Miss Burke said that she and her sister bought
their place in 1927, and had put a great deal of money into
the property and would continue to do so. They objected
to the appearance of the people sitting around the porch.
They would not consider stores as objectionable as this
sort of thing. She thought the place would obstruct their
chances of selling their property, and further, they did
' not want to live there if this use continued.
Miss Emily Burke of 314 Mass. Ave. read a statement to
the effect that she, also, objeetedto the petition.
Mr. George Melick of 262 Mass. Ave. said that he objected
to the granting of the petition because the place brought
sickness and death to his very door.
Mr. Howard S. Clow, owner of property at 373 Mass. Ave.,
was represented by an attorney. The man said that Mr. Clow's
house was empty, and that he was having a hard time trying
to dispose of it as it is now. He opposed the granting of
the petition.
Mrs. White said that there were three old gentlemen who
sat out on the porch, and that they were very respectable
old men, and some of them owned property and had some means.
She said that some of the persons brought in the police
ambulances were cripples.
Mr. Stone said that Piss Burke lived in a residential
zone, but had a sign advertising music lessons in her front
window.
Mr. Schiorring asked how many people had passed away
since Mrs. white had been there. Mrs. White said that
several of her patients who had passed away had been with
her for three years, and that their time had come. Schiorring
said that it was very depressing to see dead people carried
out all the time. Mrs. White said that she did have some
114
difficulty last winter, but now that spring is here the '
people will be taken in and out through a side door, and
that entrance will be covered by shrubbery.
The hearing was declared closed at 9:10 P. M.
Letter was received from Mr. Maddison in which he re-
quested that the Board accept his resignation as Chairman
of the Board. Mr. Maddison said that he had been unable
to attend many of the hearings for the past year and a
half, and inasmuch as he was uncertain as to his ability
to attend meetings regularly in the future, he thought it
proper that he should resign as Chairman. Mr. Kimball
moved that Mr. Xi'addison's resignation as Chairman of the
Board be accepted with regrets, and that the Clerk draft
a suitable letter to Mr. Maddison expressing such senti-
ments, and that he state that the Board is very much
pleased that he retains his membership. Mr. Bowker
seconded the motion, and it was so voted.
Mr. Robbins moved that Mr. Glynn serve as the new
Chairman of the Board of Appeals. Mr. Locke seconded
the motion, and it was so voted.
The Board considered very carefully'the development
of the lot at the corner of Marrett Road and Waltham St.,
and what its future might be. It felt that with the '
expected change of Route 128 to a different location at
some future tine, there might be very much less traffic
passing the corner, and that inasmuch as the gasoline
stations now there appear to adequately care for all
demands upon them, public convenience does not require an
additional station, and that some other type of develop-
ment would be less disadvantageous to the neighborhood.
Upon motion of Yr. Locke, seconded by Mr. Bowker,
it was unanimously voted to deny the petition of Philip
N. Winkler in the following form:
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Philip N. Winkler of Cambridge, 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 May 17, 1940.
®ne=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:
11.5
' That he was prepared to purchase the plot of land on
the southwest corner of Vlarrett Road and Waltham Street,
subject to his being able to secure a permit to construct
and maintain a retail gasoline station and lubritorium
on that part of the premises situated at the corner, and
100' in depth from both streets; that the property would
be leased to the Colonial Beacon Oil Co., who would operate
the station; that there would be installed storage capacity
of 4,000 gallons of gasoline; that the hours during which
the station would be open would be from 6:00 A. M. to 11:00
P. IA.; that there would be two flood lights installed; and
that he wished to maintain a sign approximately 44' x 71;
that the oil company felt that there was sufficient possi-
bility of business objective to warrant the maintenance of
the station at this location.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending; to show that
there were sufficient stations in the immediate vicinity
to take care of all neighborhood requirements, and that
an additional station would tend to depreciate the value
of residential property in the neighborhood.
Two letters were received by the Board expressing no
objection.
' One letter was was received by the Board in objection.
At the close of the hearing the Board in private session
on May 17 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 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 By-law.
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
Philip H. Winkler,
to construct
and
maintain a retail gasoline station and lubritorium at the '
corner of Waltham Street and Marrett Road, and in doing so
is influenced by its feeling that there now exists in the
immediate vicinity sufficient filling stations to adequate-
ly serve public needs.
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
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 GLYEM,
EDWARD W. KIP':BALL
ERROL H. LOCKE
WINTHROP H. BOWKER
HOWARD W. ROBBIES
I, Howard W. Robbins, Clerk of the Board of Appeals of
'
Lexington, appointed under General Laws, Chapter 4.0, Section
27, hereby certify that I sent by postage certificate of
mailing on the 4th day of May, 1940 to Margaret 'McDonough,
Laura A. Partridge, John P. Dailey, John G. Norberg, George
P. & Regna M. Vaccarest, Joseph P. Nunes, Harriet Farnum,
Walberg Swenson, Ella P. Fletcher, Lexington Savings Bank,
Tage Frey, Louis M. Durling, Sarah Greaves, Sidney B. Hey-
wood, Jennie M. Partridge, Thomas Davison, Catherine F.
Stevens, Margaret M. Lynch, William F. and Jennie A. Downe,
Elizabeth T. Keefe, William O'Connor, Evelyn B. Soar,
Howard I. & Nellie bl. Saunders, Sarah Gaddis, Charlotte L.
& Helen G. Murphy, Josephine Nunan, Federal Co-op. Bank,
Harry W. Pierce, Tage & Eleanor M. Hansen, Violet M. Remick,
George V. & Nora G. Hunt, Betty N. Lindstrom, Arthur E. &
Erma R. Locke, Florence L. Richards, James A. Bailey, Home
Owners Loan Corp., Annie Iii. Clemett, Etta R. & Ernest R.
Hunt, Douglas D. & Mildred E. Sweetser, Nlabelle G. Steeves,
Merrill Y. & Elizabeth P. Papen, Percy L. Andrews, Trustee,
Michael J. & Ellen F. Hopkins, Charles A. Tracey, Richard
P. Jackson, Emil A. Gramstorff, Evelyn M. Atkinson, Madeline
D. Towle, Paul B. & Reba E. Cowdrey, Harriet E. Henderson,
Frederick S. Walker, Waverly Co-op. Bank, Standard Oil Co.
of N. Y., Elizabeth C. Phelps, Edward F. Rogers, Henry Saarm,,_
Axel & Henning W. Swenson, James J. & Elizabeth Campbell,
Timothy L. Keefe, Ralph E. DeLoid, Neil TrcIntosh, I�Tedford
'
117
Trust Co., Betty E. Krulee, Grace L. Hinckley, Edgar N. &
' Tlarion B. Houghton, T,iabelle D. Beers, Helen G. McCormack,
George H. & Julia G. Anker, c/o Federal Housing Adm.
Property Yanagement Sect., William J. & Helen R. Ford,
TIagda H. holler, W. Leonard & Cora J. Flett, Robert N. K.
and Elizabeth Svedeman, Home Owners Loan Corp., John TL. Wise,
Emily Montgomery, I;iargaret A. & Alice T. Connelly, Sarah
1. Hatfield, Caroline 7,1. Parsons, Thomas A. Meek, Bridget
A. Chisholm, Admx., Frederick A. Connor, Sarah E. Givan,
Edward Crouch, Gaetano & Berta Franceschelli, Camile J. &
Anna Tremblay, George H. & Helen 11. Ewing, Lulu M. Blake,
Tiary Marshall, Anna TM. Gott, John F. & Elizabeth F. Downey,
Ralph E. & Florence V. Cox, E. J. Weldon & Helen B. Tjorrison,
Ralph E. & Augustine Cochrane, Aubrey & Sadie W. Caldwell,
Ransom F. & Iva I. Williams, Patrick i:lalloy, Jeanette B.
Fountain, Watertown Co-op. Bank, Marguerite E. Comman,
Charles J. & Margaret F. Martin, Clarence E. & Catherine
11. McElman, Edwin Sleeper, Alice A. Wilson, Alice F. Grafe,
Jennie T. Malone, Mildred T. Gould, Irving T. Gould, M.
Emily Denvir, Sarah F. Dailey, Chester R. & Grace H. Swenson,
Ethel L. Phipps, John F. &.Mary E. MacTieil, Harriet C. Wright,
Munroe Ames, Delia V. Cassidy, Mary A. Santosuosso, Harriet
R. Clarke, Elizabeth Timothy, William A. & Pllinnie L. Coakley,
Ralph J. & Josephine C. Young, Lawrence A. & Eleanor T.
Husted, Irving A. & Ethel N. Rich, Irene, S. T)iurphy, 1,1argaret
I.T. Neil, Hilda 11. Arvidson, Camillo & Eliza Apollonio,;
' James Syme, Vinnie M. Ryder, Louis J. Carter, Herbert W.
& Etta C. Torsleff, William D. MacDonald, George G. Ulhiting,
Fritz `svihtol, Thomas G. Whiting, William H. Smith, Alice L.
Tebbetts, Jenney LT g. Co., rarshall L. Tebbetts, Annie Lam-
pron, T,argaret S. Mackenzie, Annie A. Spencer, John E. &
Virginia A. Timothy, John Cerullo, George E. Swanson, lar-
garet Newhart c/o Schofield Real Estate, Thomas Brown, Paul
11. L. & Mildren Cotting, Everett IdI. & Irene Dillman, Annie
Katkoff, James Cook, Ervin R. Dix, Irs. Helen Rollins, Eliza
H. Syme, Robert H. & Olive E. Eldridge, Joseph Potter, David
A. Rix, Antonio Umbrello, Fred Bailey, John J. Idalloy, John
E. Hurley, Ella R. Baker, Jean 1. Berry, Lawrence C. Bradshaw,
James C. Carroll, Lex. Co-op. Hank, Frank & Grace B. Cole,
Domenick Dicenzo, John & Dagney Knudson, Ethel Whipps, Fred-
erick G. Jones, Clarence P. Henley, Robert W. & Lary E. Cloud,
Charles Id. & Marie Rose Albert, William E. & Flora A. iT.yers,
Abbey Nye Emery, Jan A. Rudski, Florence T. Fernald, Elizabeth
A. Henderson, John Bullock, et al. Gladys iii. Coffey, Louise
E. Johnson, Walter J. Good, Annie E. Frazier, Ralph J. Deyoe,
Harold A. Conant, Bartholomew J. Lehan, Alexander A. Warner,
Waltham Savings Bank, T,_edford Trust Co., and Philip N. Winkler,
and also advertised in the Lexington Minute -Baan on May 2, 1940
Howard W. Robbins
Clerk, Board of Appeals
118
April 30, 1940
1
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Dass.
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 the corner of
iviarrett Road and Waltham Street, owned by Ledford Trust Co.
of Medford by permitting the following: Construction and
maintenance of retail gasoline station and lubritorium.
Philip N. Winkler
1737 Cambridge Street
Cambridge, Plass.
N O T I C E
3 Lexington, Mass.
P,Tay 2 , 1940 '
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 the corner of
1arrett Road and 'u`Yaltham Street, owned by the Medford
Trust Company, the construction and maintenance of a
retail gasoline station and lubritorium, under the Lex-
ington Zoning Law or in accordance with Chapter 40, Section
27A of the General Laws, and amendments.
The hearing will be held on May 17, 1940 at 7:30
P. P:% in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
ARTHUR N. Tv1ADDISON
Chairman, Board of Appeals.
The Board then considered the petition of Gertrude
E. Doe. In arriving at its decision, the Board gave
consideration to the type of patients who would probably
be taken to the premises, and to the fact that experience
has indicated that they might be objectionable in a residen-
tial neighborhood. Upon motion of Mr. Kimball, seconded
by Mr. Locke, it was voted to deny the petition in the
following form: ,
119
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Gertrude E. Doe, a copy of which is
hereto annexed, held a public hearing thereon of which
notiae 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 -Tian, a newspaper
published in Lexington, which hearing was held in the
Selectmen's Room, in the Town Office Building on May 17,
1940.
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:
That she had leased the premises at 24 Maple Street
with the intention of maintaining a convalescent home and
now wished a permit to maintain the same; that she had six
rooms available for such purposes; that she is a domestic
nurse, and has previously operated a similar establishment
in North Lexington; that she intended to take no rental or
contagious disease patients.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show that
'
there already exists in the general vicinity other vari-
ances from the zoning regulations, and non -conforming cases
which are detrimental to the neighborhood, and that they
did not wish to have a convalescent home added to these;
that they felt it would depreciate the value of residential
property in the neighborhood.
One letter was received by the Board opposing the
granting of the petition.
At the close of the hearing the Board in private
session on May 17, 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 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 By-law.
4. That
the enforcement of the
Lexington Zoning By-law
'
as to the locus in question would not
involve practical
120
difficulty and unnecessary hardhsip and the relief re-
'
quested may not be granted without substantial detri-
ment 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 Gertrude E. Doe to maintain
a convalescent home at 24 Maple Street, Lexington.
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 hereinbefore 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 forth-
with to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Appointed under G.L. Ch. 40, Sec.27)
C. EDWARD GLYNIJI
EDWARD W. KIMBALL
ERROL H. LOCKE
WINUIROP H. BOV'+'I ER
HOWARD W. ROBBINS
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 cer-
tificate of mailing on the 6th day of May, 1940 to
Louella W. Harold, Helen Wiggins, Martin & Catherine Casey,
John T. Cosgrove, A. Elizabeth Day, Emily L. F. Nelles,
Curtis S. & Geraldine C. Elliott, Mary N. Duffy, Edward
L. Tyler, George E. Ham, Charles P. VanAlstine, George
Nelson, Mary E. Gaffey, Samuel B. Chapman, Middlesex In-
stitution for Savings, Gertrude N. Doi, and Minnie M.
Ryder, and also advertised in the Lexington Minute -Nan
on May 2, 1940, a notice of which the following is a true
copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals
April 29, 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,
rel
Section 27, to vary the application of section 9A of the
Lexington Zoning By -Law with respect to the premises at
24 Maple Street, owned by Charles W. Ryder of Newton by
permitting the following: Maintenance of Convalescent
Home.
Gertrude E. Doe
25 Ivan Street
Lexington, Mass.
N 0 T I C E
Lexington, Mass.
May 2, 1940
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 Minnie M. Ryder and located at
24 Maple Street, Lexington, the maintenance of a convales-
cent home, 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 May 17, 1940 at 8:00
P. M. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
ARTHUR N. MADDISON
Chairman, Board of Appeals
The Board considered the petition of Sally White
next. In arriving at its decision, the Board gave con-
sideration to the fact that apparently a very large pro-
portion of the patients who have been taken by Mrs. White
since she started in September, 1939 have come from
Welfare Departments of other cities or towns, and that
since September, 1939 death records indicate that twelve
deaths have occurred in the house, and under the circum-
stances the public convenience of Lexington would not be
served by the granting of the petition. Upon motion of
Mr. Kimball, seconded by Mr. Locke, it was voted to deny
the petition in the following form:
The Board of.Appeals, acting under General Laws,
Chapter 40, sec. 27, having received a written petition
addressed to it by Sally White, 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
/1�1 -P,
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, Town Office Building on May 17, 1940.
One Associate and four members of the Board of
Appeals were presant 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 she wished to maintain a convalescent home
on the premises at 283 Mass. Ave.; that the premises
contained three rooms downstairs and twelve rooms
upstairs available for patients, some of which rooms
were sufficiently large to be used as wards; that the
building had been repaired, including fire escapes;
that she has in regular attendance two registered
nurses and two non -registered nurses; that she did not
intend to take any mental patients, or those having
contagious diseases; that the building was not suitable
for other use; that she had previously conducted similar
establishments in Wakefield and Stoneham.
Evidence was offered on behalf of citizens opposing
the granting of the said petition tending to show that
this convalescent home had been operated since September
1939, during which time it had been undesirable to the
residential neighborhood in the vicinity on account of
frequent visits of police ambulances and the removal
of deceased persons, and the general fact that patients
could be seen about the place that it was felt by
residents of the neighborhood that they would not care
to live in the vicinity if it continued, and that its
use as a convalescent home depreciated the value of
their property.
At the close of the hearing the Board in private
session on May 17, 1940 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 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 By -Law.
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 substan-
tial detriment to the public good and without substan-
123
' tially derogating from the intent and purpose of such Lex-
ington Zoning By-law.
Pursuant to the said findings, the Board hereby denies
the said petition of Sally White to maintain a convalescent
home at 283 Mass. Ave., Lexington.
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 Cleric 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
EDIVARD W. KIMBALL
ERROL H. LOCKE
WINTHROP H. BOWKER
HOWARD W. ROBBINS
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 6th day of May, 1940, to Aristides
A. Stathopoulos, Antonio "& Mary Chella, Francis & Mary
Matulaitis, Harold F. Whelpley, John & Isabell Harwood,
Monica A. Holland, Middlesex County National Bank of
Everett, Walter H. Lennon, Arlington Five Cents Savings
Bank, Pasquale Luongo, Catherine C. Whale4, Medora R.
Crosby, Ragno H. Goodmansen, Cambridge Trust Co., Mary
Palladino, Adeline Naruzzo, Joseph & Nella Cristallo,
Clotilde Bertini, Isaac S. & Annie I. Weaver, Elsie M.
& George L. Faulkner, Mary Alice Manning, George F.
Melick, Adelina & Tony Zarella, Hildur Schiorring, Eliz-
abeth J. Dunn, Raphael & Maria Luongo, Francis J. &
Mary E. Nevins, Helen & Emily M. Burke, Mariano Zarella,
Medway Savings Bank, Ragnhild S. Garfield, Harold H: &
Martha F. Hookway, Edith M. White, Calvin W. Childs,
Lexington Co-op. Bank, Boston & Lowell R. R., Paul Johnson,
Howard S. Clow, Doris Lightman, Boston Co-operative Bank,
Peter J. & Anna C: McDonagh, Mary G. Mullen & Mary A.
Welsh, Generino H. & Florence T. Luongo, and Sally White,
' and also advertised in the Lexington Minute Man on the
124 VI
2nd day of May, 1940, a notice of which the following is a '
true copy.
HOWARD W. ROBBINS
Clerk, Board of Appeals.
April 30, 1940
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petitions the Lexington Board of
Appeals, appointed under General Laws, Chapter 4.0, Section
27, to vary the application of section 9A of the Lexington
Zoning By -Law with respect to the premises at 283 Massachu-
setts Avenue, owned by Sally White of Lexington, by permitting
the following: Maintenance of a convalescent home.
Sally White
283 Mass. Ave.
Lexington, Mass. ,
N O T I C E
Lexington, Mass.
May 2', 1940.
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 Bally White and located at 283 Mass-
achusetts Avenue, Lexington, the maintenance of a convales-
cent home, under the Lexington Zoning Law or in accordance
with Chapter 4.0, Section 27A of the General Laws, and amend-
ments.
The hearing will be held on May 17, 1940 at 8:30 P. -M.
in the Selectmen's Room, Town Office Building, Lexington, Mass.
ARTHUR N. MADDISON
Chairman, Board of Appeals.
Messrs. Kimball and Locke left the meeting at 10:15 P. M.
The meeting adjourned at 11:10 P. M.
A true record, Attest:
Clerk