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HomeMy WebLinkAbout1945-10-19254 BOARD OF APPEALS MEETING October 19, 1945 • A meeting of the Board of Appeals was held on Friday evening, October 19, 1945, at 8:00 P. M. Chairman Bowker, Messrs. Nickerson, Redman and Associate Members Ballard and Ripley were present. The Clerk was also present. At 8;00 P. M. hearing was declared open upon the aplication of the Community Nursery School, Inc., for per*ission to maintain and operate a nursery school and kindergarten on the premises located at 31 Muzzey Street and owned by the Old Belfry Club. Mr. BenjaminFogler, Mrs. John F. Rich, Mrs. Robert Packard, Mrs. Marion Lewis and Miss Betty Lewis were present at the hearing. Notice of the hearing was read by Mr. Redman. Mr. Fogler stated that the corporation desired to operate the school in the Old Belfry Club house and would like to open on Monday of this week. He said that he believed the experience that the members of the corporation had in operating the kindergarten would bear out their contention that it would he operated in as atisfactory manner. Mr. Fogler stated that the anticipate an enrollment of thirty-five or forty children. He stated that the play space out of doors will be the area to the north of the tennis courts, and that the soace has been fenced off so that the children will not be allowed on the ad- joining property. The Chairman asked what hours the school would be open and Mr. Fogler replied that they expect to conduct the school from 9:00 in the morning until 12:00 noon. The children will be taken to the school by their parents or by transportation provided by the school. The Chairman asked if the school would be open in the summer and Mr. Fogler replied that it would be open only for the same period as the regular public schools, and that they did not anticipate re- maining open after the first of June. The Chairman asked if the school would be operated in the afternoon and Mr. Fogler said that the only use of the room in the afternoon would be for the meetings of the parents and teachers. The Chairman asked how many teachers would be employed and Mr. Fogler stated that there will be two regular teachers and one mother in attendance. The Chairman asked if there would be any signs in connection with the school and Mr. Fogler replied in the negative. Mr. Redman asked if the billiard room would be used and Mr. Fogler replied in the affirmative and stated that there are two doors on the porch and also a door on the south side of the building which enters directly into the room. He said that is the door they will use. The door to the play area goes from the porch. Mr. Riple asked if the room was down stairs and Mr. Fogler stated that it is on the main floor level. Mr. Ballard asked if they would be limited to one room and Mr. Fogler replied in the affirmative. He said that they would be allowed to use the toilet facilities. Mr.Ballard asked if the school would be open Saturdays and Mr. Folger replied in the negative. No persons appeared in opposition to the granting of the permit. The hearing was declared closed at 8:11 P. M. 04") is Upon motion of Mr. Nickerson, seconded by Mr. Ballard,'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 Community Nursery School, Inc., 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 newspaper pub- lished in Lexington, which hearing was held in the Selectments Room in the Town Office Building on the 19th day of October, 1945. Two associate and three regular 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 the Community Nursery School, Inc. desires to maintain and operate a nursery school and kindergarten on the premises located at 31 Muzzey Street, Lexington, and owned by the Old Belfry Club; said premises to be obtained under lease. The petitioner stated that the school would accomodate approximately thirty-five (35) children, would be open five (5) days a week during the hours 9:00 A. M. and 12:00 noon with possibly one afternoon a week during the school term. The petitioner stated that the school would operate probably until the first or fifteenth of Juno; that there would be no sessions during the summer; that there would be two full- time instructors on duty at all times assisted by parents; that there would be no signs onthe premises; that they are planning to hire an additional janitor to heat the building at the proper temperature before the regular janitor came in the morning. The petitioner also stated that they expect to provide a play yard back of the present tennis courts; that adequate fencing of this area would be provided by the petitioner and that arrangements had been made to keep the premises in a clean condition at all times. The petitioner stated that the corporation would abide by all the rules of the State School House Commission. No one appeared in opposition. At the close of the hearing the Board in private session October 19, 1945; 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 re- quested. 2. That the exception requested will not tend to impair the'statux of the neighborhood. • That the exception regaested 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 provisions of the Lexington Zoning By-law as to the locus in question would in- volve 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 unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit The Community Nursery School Inc., to occupy the premises located at 31 Muzzey Street, Lexington, and owned by the Old Belfry Club, for a nursery school and kindergarten school only while the premises are operated by the Community Nursery School, Inc; that the school hours shall be from 9:00 otclock in the morning until 5:00 o+clock in the after- noon five (5) days a week; that there shall be competent super- vision to prevent the children from being a nuisance to the neigh- borhood; that the area occupied shall be kept in a neat and clean condition at all times; that there shall be no atructural changes in the outside of the building except those necessary for safety measures; that all laws relating to the safety of the "school children shall be observed in this building; that proper fencing shall be provided to prevent the children from trespassing on property other than that owned by the Old 'Belfry Club, and that precautions shall be provided to insure the safety of the children at all times, particularly on those days when there is excessive traffic due to the activities being held at the Old Belfry Club. The Board hereby makes a detailed record of all its pro- ceedings 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.) Winthrop H. Bowker A. L. Ripley D. E. Nickerson Walter C. Ballard Lester T. Redman I. Hazel J. Murray, Clerk of the Board of Appeals of Lex- in!ton,.appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 4th day of October, 1945, to Community Nurser;; School, Inc., Marion D. Lewis, Burpee B. & Bertha M. Coffill, Allen C. & Margaret Wi Smith, George E. & Marion G. Leslie, Eleanor N. Little, George W. & Madeline Towle, Edwin F. & Dorothy K. Parker, First Church of Christ, Old Belfry Club, John W. & Frances M. Baskin, :257 Walter L. & Alice C. Hyde, Gertrude M. Cosgrove, Merle D. Straw, Edward Wood, C. Henry Jackson, Louis L. Crone, Amy A. & Daisy L. Hartwell, John A. Longland, George J. Bailey, Charles P. Mullen, George H. Peterson, Gertrude H. Mara, Rose S. Wright, N, E. Tel. & Tel. Co. Herbert M. & Florence E.Lawrence, Thomas G. & Elizabeth D. Lynah, Gertrude R. Hadley, Franklin F. :'z Henry S. Raymond, Grace J. Piper, Edna R. Schuh, Elizabeth K. & Katherine D. Buckley, Sarah B. Smith, Marion W. Perry, Frances L. Roberts, Elizabeth R. Nourse, Mary E. Tarbell Florence C. Robertson, Laura M. Beaudry, R. Warren & Vivian 6. Marsh antes be F B , Fr T. & Mabel arty, Walter C. & Clara B. Ballard and also advertised vertised in the Lexington Minute -Man on � g October 4 1945 a notice of which the followingis true Jq a u copy. Hazel J. Murray Clerk, Board of Appeals Sept. 26, 1945 Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts 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 application of section of the Lexington Zoning By-law with respect to the premises at No. 19 Forest Street, owned by the Old Belfry Club, by permitting the following: Maintain and operate a kindergarten and nursery school. Community Nursery School, Inc. by Dorothy P. Rich, Pres, N 0 T I C E Lexington,, Mass. October 43, 1945 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law on petition of the Community Nursery School, Incorporated for permission to maintain and operate a nursery school and kindergarten on the premises located at 31 Muzzey Street, Lexington, and owned by the Old Belfry Club, under the Lex- ington Zoning By-law and in accordance with General Laws, Chapter 402 Sections 25 to 30 as amended. The hearing will be held on October 19, 1945, at 8:00 P. M. in the Selectmen's Room, Town Office Building, Lexington, Mass. Winthrop H. Bowker Chairman, Board of Appeals 0 258 Application was received from Harry Hull for permission to maintain and operate a riding school and stable on the premises at 258 Lowell Street. It was decided to hold the hearing on November. 16, 1945. - The records of the meeting held on September 28, 1945, were declared approved. The meeting adjourned at 9:01 P. M. A true record, attest: le k, Jard of Applais • 0