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BOARD OF APPEALS MEETING
December 3, 1943
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building on Friday, Decem-
ber 3, 1943 at 8:00 P.M. Chairman Glynn, Messrs. Maddison,
Bowker, Locke and Nickerson were present. The Clerk was
also present.
The records of the meeting held on October 15, 1943
were declared approved.'
At 8:00 P.M. hearing was declared open upon the _reties
tion of the Veterans of Foreign Wars for permission to main-
tain headquarters on the premises located at 20 Muzzey Street,
Lexington.
Mr. Eugene McCarthy, Commander of the Veterans of
Foreign Wars, and four other members were present. There
were eleven other persond present at the hearing.
The notice of the hearing was read by Mr. Bowker.
Mr. McCarthy informed the Board that he represented
the Veterans of Foreign Wars and it is the intention of
that organization to purchase the property at 20 Muzzey
Street. He said that at the present time there are sixty-
five members. They intend to conduct the headquarters on
a high-class scale, keep it clean and have a caretaker on
the property at all times. He said that the Veterans in-
tend to have a House Committee of five men, all property
owners in Lexington, who will be responsible for the
financial interest of the property.
The Chairman asked Mr. McCarthy how the house was going
to be used and Mr. McCarthy said that the caretaker and his
family would live on the second floor. He said that there
are four large rooms on the first floor. The first two will
be used as assembly halls; one for the men and one for the
Women's Auxiliary. The side room off the kitchen in the rear
will be used for a reading room and library. The kitchen will
be used for making sandwiches now and then.
The Chairman asked what hours the headquarters would be
open and Mr. McCarthy replied that the house would not be open
all day, but probably some afternoons and three or four evenings
a week. There will be four meetings each month. The Veterans
meet every two weeks and the Women's Auxiliary meet every
two weeks. Mr. McCarthy emphasized that there would be no
liquor; on the premises at any time.
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The Chairman asked if the members of the organization
were all Lexington residents and Mr. McCarthy stated that
the majority were with possibly five members who did not
live in Lexington. The Chairman asked if any member of the
Board had any questions and there were none.
The Chairman stated that the Board would hear anyone
present who was appearing in favor of granting the peti-
tion.
Mr. Charles P. Mullen, executor of the will of the
former owner of the property, said that he thought the
Veterans of Foreign Wars should have a place to go,when
they returned from the present war. The Chairman asked
if Mr. Mullen was the owner of the property and he replied
that he is the executor. The Chairman asked if his interest
was in sellin the property and Mr. Mullen replied that he
was taking a 91700.00 loss on selling it to the Veterans. He
said that he was a disabled veteran and believed that the
veterans should have a home.
The Chairman asked if there was anyone else -present in
favor of granting the petition. Mr. Thomas Brown of 456
Waltham street said that he, being a veteran of the last war,
thought the organization should have some place where meet-
ings could be held. He stated that in most towns the
veterans have headquarters where they meet. He believed
it a good idea to purchase this property as veterans re-
turning from the present war will want a veterans' home.
Mr. Henry Flynn of 26 Oakland Avenue said that he was
a veteran of the last war and when he returned he had no
place to go. He has a boy in the service and when he re-
turns, he would like the town to have a veterans' home where
he could go if he wished.
No other persons wishing to be heard in favor of
granting the petition, the Chairman asked if there was
anyone present who opposed.
Mr. Henry Raymond of 16 Clarke Street said that he
objected to the erection of a clubhouse on Muzzey Street
as he felt it would be a detriment to his property.
Mrs. Edward Mara of 22 Muzzey Street said that she
lived about twenty-five feet from the property in question
and she would dislike to have a men's club conducted in
this particular house. She said that her histe7►, Mrs. Dacy,
who lives next door, is also very much opposed to the grant-
ing of the petition.
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Mr. Thomas Lynah of 32 Muzzey Street said that he supposed
a clubhouse at 20 Muzzey Street would not affect him as much as
it would Mrs. Mara or Mrs. Daey, but that Muzzey Street is a
short street and now has one clubhouse and a telephone exchange.
He said that he objected to the granting of the petition fully
appreciating that the Veterans of Foreign Wars, or any other
organization, is entitled to a club. However, he did not want
another clubhouse on Muzzey Street and wished to be recorded in
opposition.
Mrs. Tarbell of 2 Raymond Street said that she objected to
the petition being granted as she thought this section should be
kept residential.
Mrs. Henry Robertson of 4 Raymond Street said that she ob-
jected to changing the zoning of this section as it would affect
her property.
Mr. Charles Beaudry of 5 Raymond Street said that he would
like to have this section kept strictly residential. He stated
that he wished to be recorded as being opposed to changing this
zone from that of residential.
Mr. Herbert Lawrence of 22 Muzzey Street said that he hoped
this street would remain residential. He believed ,property owners
had purchased their homes and improved them with the idea that the
Zoning Laws would protect them.
Mrs. Rice of 26 Muzzey Street also stated that she opposed
to having a men's club on this street.
The group retired at 8:30 P.M.
The Chairman said that it seemed significant that no persons
appeared in favor of granting the petition except those who be-
longed to the Veterans of Foreign Wars. He said that this
particular section was originally included in the two-family
zone and at the request of the residents it was taken out of the
two-family zone and put in the residential zone.
It was the feeling of the Board that the request from the
Veterans of Foreign Wars was all right as far as the organization
was concerned, but as a strict matter of planning, they would not
be entitled to the petition being approved over the objections of
the property owners. The Board has been guided very largely,
when the Town is not generally affected, by the feeling of the
immediate property owners.
Mr. Maddison felt that one clubhouse in the neighborhood
was enough for the residents to have to contend with.
Upon motion of Mr. Maddison, seconded by Mr. Bowker, it
was unanimously voted to deny the petition in the following
form:
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 the Veterans of Foreign Wars, a copy of which is hereto
annexed, held a public hearing thereon of which notice was
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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 Lexing-
ton, which hearing was held in the Selectmen's Room, in the
Town Office Building on December 3, 1943.
Five regular members of the Board of Appeals were pre-
sent at the hearing. A certificate of notice is hereto an-
nexed. At this hearing evidence was offered on behalf of the
petitioner tending to show: That they wished a permit to
maintain Headquarters of their organization on the premises
located at 20 Muzzey Street, Lexington; that it was their
present intention to keep on the premises a resident care-
taker and family to occupy the second floor; that the first
floor would be used for the purposes of the Veterans of
Foreign Wars as Headquarters for themselves and their Women's
Auxiliary, and as a meeting place for their members; that
there would be no liquor allowed on the premises.
Evidence was offered on behalf of citizens opposing the
granting of the said petition tending to show: That the
maintenance of a men's club on the premises would be detri-
mental to their homes and properties in the vicinity located
in a single family resident zone; that they had to put up
with some inconvenience from organizations already located
in the neighborhood,prior to the establishment of the Zoning
Law, butwere opposed to any increase of such facilities.
The opposition was unanimous by all residents of the neighbot.
hood who attended the hearing.
At the close of the hearing the Board in private session
on December 3, 1943 gave consideration to the subject of the
petition and voted unanimously in favor of the following find-
ings:
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.
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I, Hazel J. Murray, Clerk of the Board of Appeals of
Lexington, appointed under General Laws, Chapter JPO, Sec-
tions 25 to 30 as amended, hereby certify that I sent by
postage certificate of mailing on the 16th day of November,
1943 to Eugene McCarthy, Walter C. & Clara Ballard, Francis
T. & Mabel Barry, Melissa A. & Harold C. Denham, Laura M.
Beaudry, Florence C. Robertson, Mary E. Tarbell, Edna R. Schuh,
Grace J. Piper, Henry S. Raymond, Gertrude Hadley, Merle D.
Straw, Edwin F. & Dorothy K. Parker, Eleanor N. Little, Allen
C. & Margaret W. Smith, Burpee B. & Bertha Coffill, Mary E. Rose,
Daniel J. O'Connell, Lulu lei. Blake, George E. & Helen Smith,
Lillian Viano, Ethel 141. & Martha Peterson, Sebastiano Nicci,
Mary R. O'Halloren, et al, Gertrude E. Mitchell, Robert T. &
Richard J. Spencer, Bessie Withrow, S. R. Wrightington,
Emma J. Clow, William Hunt, et al, Ralph H. Marshall, Thomas
G. & Elizabeth D. Lynah, Herbert M. & Florence E. Lawrence,
Old Belfry Club, N. E. Tel. & Tel. Co., Rose S. Wright, Gertrude
H. Mara, Ethel J. Thresher, George J. Bailey, Mildred A. Dacy,
Bridget Leary and James J. & Florence Carroll and also
advertised in the Lexington Minute -Man on November 16, 1943,
a notied of which the following is a true copy.
Hazel J. P::urray
erk, Board of ppeals.
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November 15, 1943.
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
40, Sections 25 to 30 as amended, to vary the applica-
tion of section 5bof the Lexington Zoning By-law with
respect to the premises at No. 22 Muzzey Street, owned
by Charles Mullen, 10 Shirley Street of Lexington, Mass.
by permitting the following: The use of this building as
headquarters of Veterans of Foreign Wars of 1exington, Mass.
Eugene McCarthy
Commander
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N O T I C E
Lexington, Mass.
November 1$,:1943.
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning By-law on petition
of the Veterans of Foreign Wars for permission to maintain
Headquarters on the premises located at 20 Muzzey Street,
Lexington, under the Lexington Zoning By-law and in accord-
ance with General Laws, Chapter 40, Sections 25 to 30 as
amended.
The hearing will be held
P.M. in the Selectmen's Room,
ton, Mass.
on December 3, 1943 at 8:00
Town Office Building, Zexing-
C . EDWARD GLYNN
Chairman, Board of Appeals.
The meeting adjourned at 8:55 P.M.
A true record, Attest:
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