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HomeMy WebLinkAbout1943-12-03�0 �J 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. 89 Me 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. • 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 i• 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. • 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. • 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 • 93 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: � I / / /./ W / ,' NOW • •