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HomeMy WebLinkAbout1944-09-22 133 , 4110 BO .RD OF APPEALS MEETING September 22, 1944 A meeting of the Board of Appeals was held in the Selectmen' s Room, Town Office Building on Friday, Sep- tember 22, 1944 at 8 00 P M. Chairman Glynn, Lr. Bowker and Associate lv.embers Redman and Ballard were present . The Clerk was also present. At 8 00 P. L . hearing was declared open upon the petition of Mary Elizabeth Perry, M. D. , for permission to maintain a physician' s office on the premises located at 11 Harrington Road, Lexington. Dr. Perry and Mr. and Mrs. Whalen appeared in favor of the granting of the petition. No persons appeared in opposition. Mr. Ballard read the notice of the hearing. Dr. Perry stated that she desired to rent the office in the Whalen residence for the practice of medicine. The Chairman asked if it were Dr. Perry' s intention to use the office for general practice and she replied that she hoped to specialize in child medical work. Mr. Redman asked if Dr. Perry intended to live in the 4110 Whalen house and she replied that her legal address is Nest Somerville and that there might be occasions when she would stay in Lexington over night . The Chairman asked Dr. Perry if she would be doing any cooking or if she would maintain an apartment. She replied that she would like a gas fixture to be used for simple labatory tests. The Chairman asked if the office was the same now as when it was used by Dr. Tilton and Mr. Whalen replied in the affirmative . Mr. Redman asked if the doctor' s office had a separate entrance and Mr. Whalen replied that there w&s a separate entrance to the office in question. The Chairman asked if there would be any other doctor using the office and Dr. Perry replied in the negative. Mr. Whalen said that he had been solicited by Dr. Perry and he thought it would be an asset to the com- munity, considering the acute shortage of doctors, to have her open an office in Lexington. He stated that he did not believe the residential nature of the community would be affected. The group retired at 8 10 P. M. • 134 Upon motion of Mr Bowker, seconded by Mr. Redman, 4111 it was unanimously voted to grant the petition 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 Mary Elizabeth Perry, M. D. , 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 and also advertised in the Lexington Minute-Man, a news- paper published in Lexington, which hearing was held in the Selectmen' s Room, in the Town Office Building on the 22nd day of September, 1944. Two regular and two asso- ciate 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 conduct a Physician' s Office on the premises located at 11 Harrington Road, Lexington, which had previously been used for that purpose, that it is her intention to specialize in pediatrics; that the premises would not at present be her permanent residence, but that she might on occasions stay there at night . No one appeared in opposition. At the close of the hearing the Board in private session on September 22, 1944 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 Kill not tend to impair the status of the neighborhood. 3 . That the exception requested will be in har- mony with the general purposes and intent of the regu- lations in the Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning • 135 • 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 hard- ship to the petitioner and that desirable relief raay be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Dr. Mary Elizabeth Perry to occupy a portion of the premises at 11 Harrington Road , Lex- ington as a Physician ' s Office for her own occupancy only, that the only sign displayed shall be a small one such as is customary in a doctor' s office in a residential 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 pre- sented at the said hearing, including that herein sum- marized, 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 forthwith to each party in interest. BO..RD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) C. EDWARD GLYNN LESTER T. REDMAN WINTHROP H BOWKER J. MILTON BROWN WALT C. BALLARD 136 I, Hazel J. Murray, Clerk of the Board of Appeals 4111 of Lexington, appointed under General Laws, Chapter 40, Section 27 , hereby certify that I sent by postage certi- ficate of mailing on the 7th day of September, 1944, to Katherine Harrington, Church of Our Redeemer, W. W. & Lois J. Harrington, Marcia H. Glidden, Wia R. Greeley, Harry W. & Edna F. Litchfield, Helen N. M. Webster, Maria Amara, Rose M. Tucker, Roman Catholic Archbishop, c/o Rev. W J. McCarthy, Michael J McDonough, Augustine N. Foster, Minnie S. Seaver, Arlene 0. Lane , ?;m H Ballard, et al, Lizzie B. Burr & George G. Smith, Everett :,. I, ulliken, Wm. S camman, Geneva L . Brown, May S. Harrington, John P. & Loretta B. ,ihalen, Mary Elizabeth Perry, and also advertised in the Lexington Minute Man on September 7, 1944, a notice of which the following is a true copy. Clerk, Board of Appeals Se Dtember 5, 1944 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. 4110 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 9 of the Lexington Zoning By-law with respect to the premises at No. 11 Harrington Road, owned by John P. Whalen of Lexington by permitting the follow- The maintenance of a physician' s office. Mary Elizabeth Perry,L.D. 11 Chetwynd Road W. Somerville, Mass. 137 411! Lexington, Mass. September 7, 1944. N OTICE The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting on the premises owned by John P. Whalen and located at 11 Harrington Road, Lexington, a physi- cian' s office to be maintained by Iv_ary Elizabeth Perry, I«.D. , under the Lexington Zoning By-law or in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws. The hearing will be held on September 22, 1944 at 8 00 P M. in the Selectmen' s Room, Town Office Build- ing, Lexington, Mass. C EDWARD GLYNN Chairman, Board of Appeals The records of the meetings held on August 4, 1944 and August 18, 1944 were declared approved. • The meeting adjourned at 8 30 P. M. A true record, Attest 4-11-4,1} B rd o Appe s