HomeMy WebLinkAbout1943-06-25BOARD OF' APPEALS MEETING
June 25, 1943
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P.M.
Chairman Glynn, Messrs. Locke, Bowker, Maddison and
Nickerson were present. The Secretary was also present.
The records of the meeting held on April 30, 1943
were declared approved.
At 8:00 P.''. hearing was declared open upon the
petition of T,:rs. Donald E. 7ebber for permission to con-
duct a kindergarten on the premises located at No. 36
Waltham Street, Lexington.
Mrs. Webber was the only person who appeared at
the hearing.
The notice of the hearing was read by Mr. Bowker.
Mrs. Webber informed the Board that she wished to
conduct the kindergarten under the same conditions as
when it was conducted by Mrs. Sheldon. She said that she
intended to conduct a nursery school during the summer
and a regular kindergarten commencing in the fall. Mrs.
Webber stated that she intended to have a Wheelock graduate
in the kindergarten. She said that she has f orty-seven
children enrolled and Mrs. Sheldon had fifty. She does
not intend to have more than fifty children in the kinder -
marten.
The Chairman asked Mrs. Webber if she would have
personnel enough to care for the children while they
would be out of doors and she replied in the affirmative.
The Chairman asked if this kindergarten was just a
continuation of the former one only under new management
and Mrs. 'Nebber replied that that was correct.
Mr. Maddison asked whether or not there was another
kindergarten in the vicinity of Highland Avenue and Mrs.
debber replied that 11',4iss Lothrop conducts a kindergarten
and that she, lirs. Webber, had already talked to Miss
Lothrop on this matter.
Mrs. '�,Vebber informed the Board that she has a three -
,year lease on the property.
The hearing was declared closed at 8:10 P.M.
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The Chairman read the conditions under which the
original permit was granted and said that as far as he
knew, the kindergarten had been conducted satisfactorily.
Upon motion of Mr. Bowker, seconded by Mr. Maddison,
it was unanimously voted that the permit be granted in
the following form.
BOARD OF APPEALS PERMIT
The Board of Appeals, acting under the Lexington
Zoning By-law and General Laws, Chapter 40, Sections 25
to 30 as amended, having received a written petition
addressed to it by Mrs. Donald E. Webber a copy of
which is hereton 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 Lexinton Minute -Man, a news-
paper publiehedin Lexington, which hearing was held in
the Selectmen's Room, in the Town Office Building on the
25th day of June, 1943. Five 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 wished a permit to continue the use of the
kinder7arten located in the rear of premises at 36
Waltham Street owned by Herman MacKay; that the kinder-
garten had previously been run by Mrs. George C. Sheldon;
that it is her intention to run a nursery school during
the summer and a regular kindergarten starting in the
fall; that the largest number of children in the school
during Mrs. Sheldon's management was forty-six (46)
and it is not proposed to increase this to more than
fifty (50); that ample supervision will be available
to take care of the children when they are outside of
the building.
At the close of the hearing the Board in private
session gave consideration to the subject of the
petition and voted unanimously in favor of the following
findings:
1. That in its judgment the public convenience and
welfare will be substantially served by the making of
the exception requested.
2. That the exception requested will not tend to
impair the status of the neighborhood.
3. That the exception requested will be in harmony
with the general purposes and intent of the regulations
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in the Lexington Zoning By-law.
4. That owing to conditions especially affecting the
said parcel but not affecting generally the Zoning district
in which it is located, a literal enforcement of the
provisions of the Lexington Zoning By -Law as to the locus
In question would involve substantial hardship to the
petitioner and that desirable relief may be granted with-
out substantially derogating from the intent or purpose of
such Lexington Zoning By-law.
Pursuant to the said findings, the Board hereby unan-
imously decides that the application of the Lexington
Zoning By-law �s hereby varied so far as may be necessary
to permit the operation of a kindergarten school in the
rear of premises of Herman MacKay at 36 Waltham Street,
subject to the following conditions:
1. That this permit shall run only so long as Mrs. Donald
E. Webber conducts the kindergarten.
2. That the area surrounding the building shall be kept in
a neat and clean condition at all times;
3. That the children shall be given such supervision as to
ensure a,Tainst their becoming a nuisance to the neighborhood.
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 open to public inspection and that
notice of this decision shall be mailed fort^with to
each party in interest.
BOARD OF APPEALS OF LEXIN -TON
(Acting under the Lexington Zoning
By-law and General Laws)
C. EDVARD GLYNN
ARTHUR N. MADDISON
ERROL E. LOCKE
D.E. NICKERSON
NlINTF1?OP H. BO",YER
I. Hazel J. Murray, Secretary of the Board of Appeals
of Lexington, appointed under General Laws, Chapter 40,
Section 27, herebTT certify that I sent by postage certificate
of mailing on the 10th d -,-r of June, 1943 to Anstiss S. Funt,
et al, Florence P. Cleveland, Emma J. Clow, Bessie Withrow,
Bridget Leary, Susan A. Spencer, Sary E. Comley, et al,
Emily H. Morse, Beatrice F. Morse, J. Joseph and Anna T.
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Hurley, Colonial Garage, Inc., Edward J. & Mary C. Connors,
Sylvia Viano, Alice T. McCarthy, James J. & Josephine
Waldron, Arthur F. Viano, Mrs. Donald E. Webber, Herman
MacKay, and also advert:i.sed in the Lexington Minute -Man
on June 10, 1943, a notice of which the following is a
true copy.
Hazel J. Murray
Clerk, Board of Appeals
June 10, 1943.
Lexington Board of Toning Appeals
Town Office Building
Lexington, mass.
Gentlemen:
The undersigned hereby petitions the Lexington Board
of Appeals, appointed under General Laws, Chapter 40,
Sections 25 to 30 as amended, to vary the application of
section 9a of the Lexington Zoning By-law with respect to
the premises at No. 36 Waltham Street, owned by Herman
MacKay of Lexington by permitting the follwing: Maintenance
of a kindergarten.
Mrs. Donald E. Webber
17 Nichols Road
Lexington, Mass.
N 0 T I C E
Lexington, I -lass.
June 10, 1943
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning By-law on petition
of Mrs. Donald E. Webber for permission to maintain a
kindergarten on the premises located at No. 36 t^laltham
Street, Lexington, under the Lexington Zoning By-law and
in accordance with General Laws Chapter 40, Sections 25 to
30 as amended.
The hearing will be held on June 25, 1943 at 81:00 P.M.
in the Selectmen's Room, Town Office Building, Lexington,
Mass.
C. EUNARD GLYNN
Chairman Board of Appeals
The meeting adjourned at B:20 P.M.
A true record, Attest:
U e rrk