HomeMy WebLinkAbout1941-06-06248
BOARD OF APFEdiLS 1.LEETIidG '
June 6, 1941
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, Lexington at
8:00 P. Iai. PJessrs. Kimball, Robbins, Loc" -e, and Brown
were present. The Secretary was also present.
In the absence of Mr. Glynn,I,;ir. Kimball acted as
Chairman Pro -tem.
At 8:00 P. I,. hearing was declared open upon the
application of Clesson C. Schofield for perr_ission to
add one room to the house located at 7 Pleasant St.,
Lexington. The notice of the hearing, which was duly
published in the Lexington PIinute ' an on P,ay 15, 1941,
was read by Clerk Robbins.
7�1r. Schofield and a Mr. Cook were present at the
hearing.
'Er. Schofield presented a sketch shovaing the pro-
posed addition. The room will be 12' x 181. He said
that his house was built before the Zoning Law went into '
effect, and the whole house was too near the side line. .
He said that he had contacted most of his neighbors, and
there was no objection.
No other persons wishing to be heard, the two men
retired at 8:10 P. I.
Upon motion of Mr. Broom, seconded by BIr. Locke, it
vaas voted to grant the petition in the following form:
(.Ir. Glynn wishing to be recorded in favor):
BOARD OF APPEALS P EM;2T
The Board of Appeals, acting under General Laws,
Chapter 40, Sec. 27, having received a written petition
addressed to it by Clesson C. Schofield, 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 I'�inute-Ian, a news-
paper published in Lexington, which hearing was held in
the Selectmen's Room, in the Town Office Building on the
6th day of June, 1941.
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' 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 desired to add one room to his present house
located at 7 Pleasant Street; that the existing; building
was closer to the side line than the Building Laws now
permit, and it was, therefore, necessary to receive per-
mission to make the addition; that a room added with the
necessary setback would not only be smaller than he desired,
but would also be less attractive from an architectural
standpoint; and that there were no buildings in the immediate
vicinity.
At the close of the hearing the Board in private session
on Tune 6, 1941 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
ir_pair 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 -lava.
4. That owing to conditions especially affecting the
said parcel but not affectin(; generally the Zoning district
in which it is located, a literal enforcement of the pro-
visions of the Lexi nf,ton Zoning By-law as to the locus in
question would involve substantial hardship to the petitioner
and t_iat desirable relief may be granted without substantially
dero:,7atin; from the intent or purpose of such Lexi:._;ton Zoning
By-law.
Pursuant to the said findings, the Board hereby unani-
mously decides that the application of the said Lexington
Zoning; By-law is hereby varied so far as may be necessary
to permit Clesson_ C. Schofield to add one room on the pro-
perty located at 7 Pleasant Street in accordance with the
plan submitted; that the work be completed within six months
from the date of the permit.
The Board hereby makes a detailed record of all its pro
ceedings 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
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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)
Edward W. Kimball
Errol E. Locke
J. Milton Brown
Howard Pu. Robbins
C. Edward Glynn
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 certificate
of mailing on May 21, 1941 to J. Alexander Wilson, Albion W.
Shaw, Annie J. Neilan, Rebecca Farnham, and Clesson C. Scho-.
field, and also advertised in the Lexington ;11inute-Man on
May 15, 1941, a notice of which the following is a true copy.
Howard W. Robbins
Clerk, Board oT Appeals
May 3, 1941 1
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass.
Gentlemen:
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, Chapter 40, Section
27, to vary the application of section 9A of the Lexington
Zoning By-law with respect to the premises at 7 Pleasant
Street, owned by Clesson Schofield of Lexington by per-
mitting the following: addition of one room.
Clesson Schofield
by R. L. Cook
7 Pleasant St.
Lexington, Mass.
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' Lexington, Mass.
May 15, 1941
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 Clesson C. Schofield and located
at 7 Pleasant Street, Lexington, the addition of one room,
under the Lexington Zoning Law or in accordance with Chap-
ter 40, Section 27A of the General Laws and amendments.
The hearing will be held on June 6, 1941 at 8:00 P. M.
in the Selectmen's Room, Town Office Building, Lexington,
Mass.
C. EDArARD GLYNN,
Chairman, Board of Appeals.
At 8:15 P. III. hearing; was declared open upon the appli-
cation of Francis M. Nilson, Inc. for permission to maintain
an undertaking establishment at 1556 Mass. Ave. Lexington,
34ass. The notice of the hearing, which was duly published
in the Lexington Minute Man on May 22, 1941, was read by
Clerk Robbins,
About fifteen persons were present at the hearing.
Mr. Ralph M. Smith of 1162 Mass. Ave., Lexington said he
was appearing for Francis M. "Nilson, Inc., ZFrho propose to
occupy the premises if the permit is granted. Mr. Smith
said that he was formerly a Somerville resident. If this
permit is granted, the Wilson firm propose to use the premises
for the purpose of operating an undertaking establishment.
He said that the corporation of Frances Pfi. Wilson, Inc. had
been operating in Somerville for some forty or fifty years.
Mr. Smith knew Yr. Frances M. Wilson very well for many years,
and he was highly thought of in Somerville. He died in
1928, and the business is now incorporated and is being
operated by his relatives. This is -a well established firm.
Mr. 'Smith presented a sketch showing the proposed changes
in the house. The present establishment is located on College
Avenue in Somerville, and is opposite the Baptist Church.
Mr. Smith said he lived 600 or 700 yards away from this
establishment for some twenty years, and it never was ob-
jectionable. The man they propose to have for the resident
undertaker here is Mr. Burt R. Martin, a brother of Ernest
Martin of Lexington. Mr. Charles R. Corwin, Mr. Wilson's
grandson, is treasurer of the corporation. The firm's idea
in locating here is the fact that we have in Lexington many
' Somerville families. They will make very few changes in the
exterior of the house.
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Mr. Charles R. Corwin of 7 Worthen Road, Winches-
inches -ter,
ter .the treasurer of the firm, was the next speaker.
He said that downstairs they will have to tear down a
partition between the living room and dining room in
order to make room for a chapel. There will be a pre-
paration room in the rear. They plan to make the upstairs
into living quarters for Mr. Martin. There will have to
be a kitchen, etc. No plans have been drawn up yet,
however.
The Chairman asked if the garage went with the place,.
and IVb% Corwin replied in the affirmative. He said they
probably would keep one car here, but did not believe they
would keep a hearse here. They have two in their other
establishment.
. The Chairman asked if there was any ca sket concern
directly interested in the corporation, and Mr. Corwin
replied in the negative.
The Chairman asked if quite a number of licenses were
necessary for this business, and whom they were held by.
Mr. Corwin said that the licenses were held by the corp-
oration itself.
The Chairman asked if a corporation could hold
licenses in various towns, and Mr. Corwin said that as
they have a license to do business in Somerfille, the
State also permits that the Town of Lexington can issue
a license to do business and maintain an establishment
in Lexington.
Mr. Smith said that Mr. Kimball wanted to know if
Martin had to be locally licensed. Mr. Corwin said that
Mr. Martin was licensed by the State.
The Chairm asked if this was expanding a present
corporation, and Mr. Corwin said that it was. Mr. Kimball
asked if the business in Somerville had been carried on
above reproach, and Mr. Corwin said that it had. Mr.
Kimball asked if there had been any suspension of licenses,
etc., and Mr. Corwin said there had not.
Mr. Martin said that the firm had been established in
Somerville for many years, and that it had always en-
joyed a healthy reputation.
Mr. D. J. O'Connell said that he was the present
owner of the premises. He acquired the property from a
Miss Liscomb and acquired the MacDougall property at the
same time, paying more for the places than was warranted,
but it was before the depression. The property is in the
business zone. O'Connell said that he was as much in-
terested in the neighborhood as anyone. IIe said that he
had expressions of approval from the abutters in great
numbers, but not from all of them. He could not see any
objection to the funeral home, and he informed the Board
that his investment at that corner exceeded anything
except the Baptist Church. He said he did not wish to
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dispose of the property in any way that would affect his
property adversely. !,1r. O'Connell said that the house
was as good as any in Lexington as far as modern equip-
ment is concerned. He thought this location was better
adapted for a funeral home than any other location in
the business zone in Lexington. He said that the Baptist
Church had no objection to this.
Mr. O'Connell said that he was going to dispose of
this property, and for business purposes, and he had held
it as long as he intended to. He was going to sell it,
or put it to some other use. If -the Board rejects the
proposal, the property will be devoted to business. He
said he was all throug'. paying for that property out of
independent income. If he does not sell it now, he will
demolish the building and put something in there of a bus-
iness nature, and will construct right on the sidewalk
line. He said there was nothing more for him to do. 'rile
said that the injury to the neighborhood might come from
not granting the permit.
The Chairman asked 'now deep the lot was, and Nir.
O'Connell said that it was 96' deep, and had 80' frontage.
Mr. Robbins asked if the Baptist Church had any
objection, and O'Connell said that it had no objection
whatsoever.
Mr. Smith introduced Mir. L. Roger Wentworth of ,uiinches-
ter, a director in the concern.
No other persons wished to be heard in favor of the
granting of the petition.
Mr. .athan B. Bidwell was the next speaker. He said
that he knew the Prances M. VtTilson Corporation very well;
he knew Mr. Corwin's parents, and knew I+?r. ,.r.Ientworth very
well. He said that the folloviing perscns had requested
him to oppose the granting of the petition; Dr. and Mrs.
Borman C. Baker of Hunt Road, NIr. & Mrs. James J. 1;alsh of
1508 Mass. Ave., Mr. & I:�1rs. '�,Varren Russell, Pairs. Leavitt,
Mr. �_ .yrs. E. J. ThivierCe, Heirs of Lewis 'Tont, (Owners
of foiir houses), and he was told that 1,1rs. T. W. Baker had
asked that her name be recorded against it. He was in-
formed that the Church was objecting to it. The objection
of the residents, as expressed to him, is to the character
of the business. They feel that public convenience and
necessity did not require it, and it would be very much
against a general plan as outlined for this business section.
At the time the Town voted to retain this side in the
business zone, the discussion was that stores would be
built in keeping with the architecture of the Town Offices
and the Cary 74emorial Building. r_e thought the maintenance
of a funeral home would be very objectionable to the business
outline of this section, and the Town as a whole. In the
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�m
establishment of a funeral home, he understood that the
State required the establishment of a morgue, and there
'
will have to be the usual incidents to such, which the
abutters do object to.
rr. Bidwell said that the State Plumbing laws were
very extensive, and the law in regard to the ventilation
of the preparation room was very stringent.
He said that the Town of Fitchburg had established a
rule limiting the undertaking establishments to one for
each 5,000 of population. We have four such establishments
in Lexington.
Tr. Bidwell said that an undertaking establishment
required a Registered Funeral Director. In this concern,
Mrs. Dorn a T. Wilson is the only Registered Funeral Director.
Mr. martin and Yr. English are Bnbalmers, and I�_-r. Corwin is
an Apprentice. All death certificates roust be signed by
the Registered Funeral Director, and Burial Permits may not
be issued to anyone else.
h`r. Bidwell said that some of the objectors could not
be present this evening, but the members of the Baptist
Church Standing Cozauittee are present. He repeated the
seriousness of the objection of 100`0 of the abutters from
Hunt Road to the Colonial Garage on that side of the street.
The Chairman requested h,r. Bidwell to summarize his
objections. He said that the objections were as follows:
1. The destruction of property values by the establish-
ment of a morgue and funeral home; and the coming and
doing of gruesome things, which, because of the open lo-
cation, the buildings would not shelter;
2. Question of parkins; the funeral cars would have
to go in front of the Church or beyond Winthrop Road in
front of P,,:r. walsh's place. It is the belief that any
increased traffic at the junction of Woburn Street and Mass.
Ave. was going to add its full share to the traffic problem
which the Town is trying to solve;
3.. The third question is to the character of the bus-
iness. So lonS, as the houses are now occupied, it is placed
in the hands of the Board of Appeals to use its discretion
in what is to be allowed. The objectors feel that the
character of this business is one that would do much to
retard the general development of Lexington. They know
that business will come there some day, but they do not
want this kind of business.
Mr. A. Randall Soderberg of 51 Dexter Road introduced
Pc'.r. Eugene L. l organ, Mr. Howard A. Patterson, and V ilbur
H. Abbott, representin;� the Standing Cors:ittee of the
Baptist Church. He said they were here to object to this
petition. Although this is a. business zone, they were
going, to try to keep business away as lonj� as possible.
255
The Church is over one hundred years old, and the present
building is outmoded and the parish has outgrown the church.
'
A Committee has been appointed to see if it is possible to
build a new church. Mr. Yorgan has drawn up plans which
will call for an expenditure of approximately 12002000.00.
They have an investment of X80,85C.00 now. The church has
about 600 members, and it is growing. He said they had
no personal grievances, but were trying to protect the
church property as far as possible.
I,Tr. Corwin said that Yr. Bidwell said that the house
was in an unsheltered position, and spoke of gruesome
sights. He said that the driveway was on the left of the
house, and there is a hedge between the house and the
O'Connell property. The only sight they would ever see
would be a hearse drive in, and he did not believe that
anyone could call that gruesome. They are considering
putting in a circular drive to the front door. He did not
believe that the cars would ever have to park beyond the
business zone. It would be very inconvenient if they did.
He said that the third point stressed would be that the
funeral home would be a detriment to the coi:mlunity. Naturally
the firm wants to keep the place as dignified as it can for
its own sake, because that is the way that successful funeral
establishments are run. This place is in the business zone --
if it were not, they would never have considered it.
1dr. ,'organ said he thought that parked cars were going
to cause traffic congestion, and it would be much better if
this could be avoided.
Mr. O'Connell said that if anyone had been bothered with
parked cars, he had. The Baptist Church had never heard from
him about this, and never would, excepting at this hearing.
They have cars parked in front of all his property to Win-
throp Road, so he could not see their argument on the parking.
He said he would do everything possible to preserve this area,
but if the neighbors want stores, or a garage, he will give
their to them. It is a r_uestion of what they would lime best.
He said that he had never heard anything about the expansion
of the church. He said he did not want anyone to go too far
with him, because they could not do it. It is very simple
to go around and get names on a petition --he could have got
any number of navies in favor of this petition. He would not
oppose anything that would help the neighborhood. Tie said
that there had been "For Sale" si=ns on the property for ten
years, but he had not been able to sell it. He said that
everyone in the neighborhood would regret it if this permit
was not granted. They are not goin: to tell him what he is
going to do with his own property.
Yrs. Leavitt said that she owned the house next to 1556
'
Plass. Ave., and she rents her house. If she lived next door,
256
she would object to a funeral home being beside her. Her
tenants are opposed to the funeral home going in --in fact,
'
they said that they would move if it went in there. She
thought it would depreciate her property.
Mr. O'Connell asked why the people ilr. Bidwell men-
tioned as objectors were not present, if they did really
object.
Ivir. Bidwell said that it was impossible for some of the
people to be present. He said he believed the Board did
not have to be told that he would not give the names of
persons unless they had requested him to speak for them. He
did not solicit objectors. He said he did not believe that
this question should be settled by blackmail, or by threats
that the neighbors would have a saloon, or a garage there,
if this permit was not granted. He thought it unwise to
let personalities enter into the discussion.
P,r. O'Connell said that he had not mentioned a saloon.
He said he purchased the Leavitt property at a cost of `12,500-,
and spent ;,''2, 500. to fix it up. He sold it for one-half of
what he paid for it. He repeated that his house was in a
business zone, and t.ie people must realize that business was
goin,- in there. He said that the par_cing problem tivras not
the concern of the Board of Appeals.
Pair. Corwin said that when they first considered this
proposition, he called on Rev. Crawford Smith, who said he
could see no objection to the concern movinz in there. Cor-
'
win told him that before things progressed too far, he would
call on him again to find out the reaction of the church.
He thought that the plans for the new church must have come
alom,T very suddenly.
Mr. Soderberg said that the Standing Committee had a
meeting last I;Ionday evening, and Rev. Smith was present.and
objected to the funeral home.
Ivlr. Iiorgan said that a year ago last February the -Stand-
ing Committee met and discussed having the church remodeled,
and the question of having a new one built was considered. The
project was kept quiet until last January, v,,hen the annual
business meeting was held, and it was -out before the parishioners.
Ile said that the plans had not progressed more rapidly due to
war conditions, and lack of funds. The project has merely been
delayed.
I.r. Smith said that he was an attendant of the Baptist
Church in Somerville, and the funeral horde did not harm that church
at all. He thought the Board should consider what other busi-
ness might Co in here which mijht be a detriment to the church.
Prio other persons wishing to speak, the hearing was de-
clared closed at 9:30 P. Ii.
The records of the meeting held on P;a.y Toth were declared
'
approved.
' It was decided to postpone decision on the O'Connell
petition until five melabers of the Board were present. The
meeting was tilen adjourned to S:-�O P. H. on Thursday rune
12, 194.1. v
The meeti__; adjourned at 10:15 P. is .
A true record, r,,ttest:
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C1 erk
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