HomeMy WebLinkAbout1944-08-04BOARD OF APPEALS P,2EETING
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, Airs. 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.
worse 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 Ivaltham 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.
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Mrs. Morse stated that the nursery school is really
a supervised play school where the children are taught
to play with other children without developing scars. She
said that it was not preparing tiie 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.
Pars. 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 declUred closed at 5:10 P.M. and Mrs.
Morse, Mrs. Stowe and Mrs. Barry retired.
At 5:15 P.11. hearing was declared open upon the
petition of J. P. Yorse 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, Lei-
ington.
Pyr. J. P. lZorse 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 whet 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.
'lhe Chairman asked if the,Board had any further
questions.
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TrIr. Redman asked where the house was -in connection with
the garage, and Mr. Morse showed T,`.r. Redman the house and
the garage as it appeared on the plan. Mr. Fredman asked
how much frontage there was and Mr. T"orse replied about 40
"ellin ton s front
ad ' n lots are Tyr. do �,
tie adjacent
feet. He said �
f n
rands from Mr. 1�`+e11�.n ton s house to Sherman
lawn which g
Street.
the hearing was declared closed at 8:25 P. M. and Mr.
Morse retired.
The records of the meeting held on June 30, 1944 were
declared approved.
Upon motion of 1 -dr. Locke, seconded by Mr. Nickerson,
it was unanimously voted that the perrait for the nursery
school be granted to Yrs. Morse in the following form:
BOARD OF 1:FPALS PERr:IT
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
Board to be aefected thereby
all property deemed by the
as they appear on the most recent local tax list and also
advertised in the Lexington TAinute-Man, a newspaper pub-
lished in Lexington, which hearing was held in the Select-
men'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, Lexington; 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.1. to 12:00 noon on five
days per week, and from 12:00 noon to 4:30 P.1— 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.
grin the Board in private
At the close of the hearing
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 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',zton, subject to the following con-
ditions; 1. That this permit shall run only so long as
N:rs. 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 the
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. EDWARD GLYNN
ERROL H. LOCKE
LESTER T. REDMAN
D. E. NICKERSON .
J. MILTON BROWN
�J
J
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 July, 1944 to William Hunt,
Florence P. Cleveland, Emma J. Clow, Bessie Withrow, Bridget
Leary, Susan A. Spencer, S. R. 1,10rightington, Emily H. Morse,
J. Joseph and Anna T. Hurley, Viano Realty Corp., Edward J.
and 1.1ary C. Connors, Alice T. PrlcCarthy, James J. and
Josephine Waldron, Arthur F. Viano, I,irs. Donald E. Webber,
Herivan and Margaret R. I4acKay and Beatrice F. Morse, and
also advertised in the Lexington Minute -Man on July 20, 19449
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:
The 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, `doburn by permitting the following:
To operate a nursery school for children 2 to 5 years of age.
NOTICE
Beatrice F. Iv;orse
1 Vine Brook Rd.
Lexington, Lass.
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 F.I.I.
in the Selectmen's Room, Town Office Building, Lexington, Mass.
C. EDTPIAIRD GLYNN
Chairman, Board of Appeals.
126
The Board then considered the application of Mr.
J. P. Morse. Upon motion of Mr. Brown, seconded by Ivlr.
Locke, it was unanimously voted to grant a permit to Mr.
huorse, for a garage of cemen blocks, not having the re-
quired distance from the lot line, in the following form:
BOARD OF APPEALS PERI=IT
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 Office 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 reugested 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 general: -y the district in
which it is located, a literal enforcement of the provisions
of the Lexington Building, Laws as to the locus in question
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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. Morse 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.
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington
Building Laws and General Laws)
D. E. NICK, RSON
J. PdILTON BROWN
ERROL H. LOCIKE
LESTER T. REDI:IAN
C. EDWA11D 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 4Y., Arthur B., Philip C. and Lyrtle R.
Peirce and by registered mail J. P. Morse, a notice of
which the following is a true copy.
Hazel J. Diurray
Clerk, Board of Appeals
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128
July 28, 1944
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 er:ct a garage of cement blocks six feet from the
lot line instead of the required seven and one half feet.
N O T I C E
J. P. Morse
19 Sherman Street
Lexington, Bass.
August 3, 1944.
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
P. M. in the Selectmen's Room, Town Office Building Lex-
ington.
C. EDWARD GLY NN
Chairman, Board of Appeals
The meeting adjourned at 9:10 P. 11.
A true record, Attest:
Acting Clerk, Board of Appeals
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