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HomeMy WebLinkAbout1944-08-04 121 BOARD OF APPEALS MEETING August 4, 1944 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building at 8:00 P. M. on Friday evening, August 4, 1944. Chairman Glynn, Messrs. Locke, Nickerson, Brown and Redman were present . The Acting Clerk was also present. At 8:00 P. M. hearing was declared open upon the petition of Mrs. Beatrice F. Morse for permission to main- tain a nursery school for children from two to five years of age on the premises at the rear of 52 Waltham Street, Lexington. Mrs. Morse and her two daughters, Mrs. Stowe and Mrs. Barry, were the only persons present at the hearing. The notice of the hearing was read by Mr. Brown. Mrs. Morse informed the Board that there is a great need for young children to be taken care of, especially the very small ones. Her two daughters are interested in caring for children and this summer they have studied under Dr. Eliot. Last year they worked for Mrs. Webber. Mrs. • morse stated that her other daughter is very much interested in working at the school, therefore, there will be two, three or four on hand at all times. She stated that the building was formerly used by the Thomas Sisters and Mrs. Sheldon. lairs. Sheldon moved to the MacKay premises. The building is located at the rear of 52 Waltham Street and is owned by Mrs. Spencer of Woburn, Massachusetts. Mrs. Morse said she thought this school would be handy as it is in the center of the Town. She planned to have about twenty children. The Chairman asked if the building was properly heated and Mrs. Morse stated that it was heated by oil from the main house. She said there are two exits. One of these exits is without steps, but Mrs. Spencer is going to have the steps put on because there is a drop of about two or three feet to the ground. The Chairman asked if the school was all on the ground floor and Mrs. Morse replied in the affirmative. 122 Mrs. Morse stated that the nursery school is really 1111 a supervised play school where the children are taught to play with other children without developing scars. She said that it was not preparing the children for school. The Chairman asked Mrs. Morse what ages the children would be and Mrs. Morse replied two to five years. The Chairman asked Mrs. Morse what the approximate hours would be and Mrs. Morse stated from 9-12 three days a week and from 9-4 30 two days a week, making a total of five days per week. The Chairman asked if the children would have adequate supervision at all times and Mrs. Morse replied in the affirmative. The Chairman asked if there was adequate yard room and if it was the intention to keep the children on the premises. Mrs. Morse replied in the affirmative, stating that she intends to have the area fenced. At present, only one side is fenced. Mr. Brown asked if there was any change in the build- ing itself. Mrs. Morse said the only change was the steps that would be put on one of the exits. Mrs. Morse stated that her three daughters. Mrs. Stowe, Mrs. Barry and possibly Mrs. Smith, will do the work under her supervision. The hearing was declared closed at 8 10 P.M. and Mrs. Morse, Mrs. Stowe and Mrs. Barry retired. 4111 At 8 15 P.M. hearing was declared open upon the petition of S. P. Morse for permission to erect a garage of cement blocks, not having the required distance from the lot line, on the premises at 19 Sherman Street , Let- ington. Mr. J P. Morse was the only person present at the hearing. The Chairman read the notice of the hearing. Mr. Morse submitted a sketch of the proposed garage and informed the Board that he owned one half of the drive- way. He plans to build the garage on his half, but it will only be six feet from the lot line, instead of the seven and one-half feet required by the Building Laws. The Chairman asked what the setback was and Mr. Morse said about twenty-five feet. Mr. Morse stated that the garage would be of cement blocks with a wood roof and a ceiling of wire, lathe and plaster. £he Chairman asked if the Board had any further questiohs. 123 II/1 Mr. Redman asked where the house was in connection with the garage, und Mr Morse showed Mr. Redman the house and the garage as it appeared on the plan. Mr. Redman asked how much frontage there was and Mr. Morse replied about 40 feet. He said the adjacent lots are Mr. ViellinEton' s front lawn which runds from Mr. Wellington' s house to Sherman Street . 7she hearing was declLred closed at 25 P. M. and Mr. Morse retired. The records of the meeting held on .Tune 30 , 1944 were declared approved. Upon motion of Mr. Locke , seconded by Yr. Nickerson, it was unanimously voted that the permit for the nursery school be granted to Mrs . Morse in the following form BOARD OF FPEALS 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 Beatrice F. Morse 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 aefected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute-Man, a newspaper pub- lished in Lexington, which hearing was held in the Select- luen' s Room, in the Town Office Building on the fourth day of August , 1944. Three regular and two associate 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 to maintain a nursery school for children from two to five years of age on the premises located in the rear of 52 Waltham Street , Le±ington, that the number of children to be accommodated would be approximately twenty; that it would be under the supervision of her two daughters who have had some training for such purposes, that the school would be open from 9 00 A M. to 12 00 noon on five days per week, and from 12 00 noon to 4 30 P.M. on two of these days, that it is the intention to fence the area to be occupied by the children out-df-doors; that necessary repairs will be made on the structure. No one appeared, in opposition. At the close of the hearing the Board in private session on August 4 , 1944 gave consideration to the sub- ject of the petition and voted unanimously in favor of the following findings 124 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 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 pro- visions 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 without 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 is hereby varied so far as may be necessary to per- mit Beatrice F. Morse to maintain and operate a nursery school for children on the premises located in the rear of 52 'Waltham Street , Lexin. •ton, subject to the following con- ditions 1. That this permit shall run only so long as Mrs. Beatrice F. Morse is in charge of the nursery school , 2. that the area surrounding the building shall be kept in neat and clean condition at all times, 3 . that the11/1 children shall be given such supervision as to insure against their becoming a nuisance to the neighborhood, 4. that the nursery school shall be in session only during daylight hours , and 5. that the number of children to be accommodated at any one time shall not exceed twenty- five in number and be between the ages of two to five years inclusive. 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 the decision shall be mailed forthwith to each party in interest BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By- law and General Laws C. ED1hARD GLYNN ERROL H LOCKE LFSTER T. REDMAN D. E. NICKERSON J. MILTON BROWN 12 1111 I, Hazel J Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40 , Sec- tion 27 , hereby certify that I sent by postage certificate of mailing on the 20th day of Tuly, 1944 to William Hunt , Florence F. Cleveland, Emma J Clow, Bessie Withrow, Bridget Leary, Susan A. Spencer, S. R. '1•rightington, Emily H. Morse , J. Joseph and Anna T. Hurley, Viano Realty Corp . , Edward J. and Mary C. Connors, Alice T. McCarthy, James J. and Josephine Waldron, Arthur F Viano, Mrs. Donald E. Webber, Herman and Margaret R. MacKay and Beatrice F. Morse, and also advertised in the Lexington Minute-Man on July 20, 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals July 14, 1944 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass . Gentlemen: 4111The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws , Chapter 40, Sec- tions 25 to 30 as amended, to vary the application of Sec- tion 9C of the Lexington Zoning By-law with respect to the premises at No. 52 Waltham Street, owned by Susan A Spencer of 11 Fair View Road, oburn by permitting the following: To operate a nursery school for children 2 to 5 years of age . Beatrice F. Morse 1 Vine Brook Rd. • NOTICE Lexington, Mass. July 20 , 1944 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law on petition of Beatrice F. Morse for permission to maintain a nursery school for children, from 2 to 5 years of age , on the premises located at 52 Waltham 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 August 4, 1944 at 8:00 P.M. in the Selectmen' s Room, Town Office Building, Lexington, Mass . C. EDWARD GLYNN 4111 Chairman, Board of Appeals. 12k The Board then considered the application of Mr. 4110 J. P. korse. Upon motion of Mr. Brown, seconded by Mr. Locke, it was unanimously voted to grant a permit to Mr. Morse , for a garage of cemen blocks, not having the re- quired distance from the lot line, in the following form BOARD OF APPEALS PERMIT The Board of Appeals , acting under the Lexington Building Laws having received a written petition addressed to it by J. P. Morse 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 which hearing was held in the Selectmen's Room, in the Town Offic-e Building on the 4th day of August, 1944 . Three regular and two assiciate 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 Mr. J. P. Morse wished to erect and maintain a single car garage on his premises at 19 Sherman Street , Lexington, to be located only six feet from the sideline of his lot , that the construction would be of cement blocks with the roof constructed of timber, that it was impossible to place the garage on any other part of the land, or on the proposed location any further from the lot line than six feet , due to the interference of the principle building. No one appeared in opposition. At the close of the hearing the Board in private session on August 4, 1944 gave consideration to the sub- ject 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 reuqested will be in harmony with the general purposes and intent of the regulations in the Lexington Building Laws. 4. That owing to conditions especially affecting the said parcel but not affecting generally the district in which it is located, a literal enforcement of the provisions of the Lexington Buildint,,, Laws as to the locus in question 1110 127 1111 would involve substantial hardship to the petitioner and that desirable relief may be granted without substan- tially derogating from the intent or purpose of such Lex- ington Building Laws. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Building Laws are hereby varied so far as may be necessary to permit J. P. leorse to erect and maintain a single car garage on the premises at 19 Sherman Street, Lexington, the outside wall of which may be placed not hearer than six feet from the sideline of his lot and under the con- dition that the wall be constructed of cememt blocks, 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 de- cision 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 forthwith to each party in interest. 4111BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Building Laws and General Laws) D. E. NICKERSON J. =TON BROWN ERROL H. LOCKE LESTER T. REDI.:AN C. EDWAI.D GLYNN I, Hazel J Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws , Chapter 40, Section 27 , hereby certify that I sent by postage certi- ficate of mailing on the first day of August , 1944 to Samuel W. & Mary E. Wellington, Harriet F. Fletcher, Ruth C. , Howace W. , Arthur B. , Philip C. and Myrtle R. Peirce and by registered mail J. P. Morse , a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals 410 128 July 28, 1944 S Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chap- ter 40 , Section 25 to 30 as amended, to vary the appli- cation of the Building Laws with respect to the premises at No. 19 Sherman Street, by permitting the following To erbct a garage of cement blocks six feet from the lot line instead of the required seven and one half feet. J. P. Morse 19 Sherman Street N OTICE Lexington, Mass. August 3 , 1944. 5 The Board of Appeals will hold a hearing on the matter of varying the application of the Building Laws by permitting on the premises owned by J. P. Morse and located at 19 Sherman Street, Lexington, the erection of a garage, which will not have the required distance from the lot line, under the Lexington Building Laws. The hearing will be held on August 4, 1944 at 8 15 M. in the Selectmen*s Room, Town Office Building Lex- ington. C EDWARD GLYNN Chairman, Board of Appeals The meeting adjourned at 9 10 P. M. A true record, Attest Acting Clerk, Board of Appeals