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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. • 0 • 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 r1 o 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. • 0 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