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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. 110 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 111 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