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HomeMy WebLinkAbout1946-11-15BOARD OF APPEALS MEETING November 15, 1946 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on Friday evening, November 15, 1946. Chairman Bowker, Mr. Locke, Mr. Nickerson and Associate Members Ballard and Lynah were present at the hearing. The Clerk was also present. At 8;00 P.M., hearing was declared open upon the petition of the Veterans of Foreign wars for per- mission to erect and maintain Post Headquarters on the so-called old Adams School lot on the southwesterly side of Massachusetts Avenue, Lexington. Notice of the hearing was read by Mr. Nickerson. 23 persons attended the hearing. Eugene McCarty, speaking for the Veterans, stated that he had been Chairman of the Veterans Housing Committee for the past several years, and has come before the Board this evening because the Veterans wish to purchase the old Adams School property for the purpose of erecting a building on it. It is necessary to have the Zoning law changed so that it will include this property. The Zoning is now residential insofar as this lot is concerned. Mr. Bowker asked Mr. McCarty if they cared whether the Zoning were changed so long as they were able to have their building. Mr. McCarty answered no. Mr. McCarty stated that they have plans for the building which will cost about $40,000.00. It will include a main hall=the hall will hold 500 people. Therb-will be two main halls downstairs; one for women and one for men. The women's hall will be available at all times. There will be a long kitchen running about thirty feet. The veterans part can be run independently. The building will be fireproofed., and of solid brick. It will give the veterans in this town a chance to do something. They have wanted a building for the past 25 years. They have hunted for the past several years for a "spot" and this one seems to be the only available one. Mr. McCarty has talked with people in the neighborhood viio are for them. The majority are in favor of it. Those persons who are unable to be present at the hearing wish to go on record as being in favor. 198 Cr Plans were submitted to the Board by Mr. William Ballou of 7 Curve Street. He and Mr. McCarty went to Saco, Maine to look over the Veterans building there, and pictures of this building were -also presented to the Board. Mr. Bowker asked'if the building would be the same as the one in Maine. Mr. McCarty said yes. The main construction will be reenforced con- crete; brick and conrete blocks. Mr. Bowker asked about the outer surface. Mr. McCarty said that it would be finished off to look like granite blocks. The porch will be 20 x 14. It will have a gable roof. Mr, Bowker asked where the building would be located on the lot. Mr. Ballou said that it would be 30 feet from the rear of the lot line; approximately the same poattion as the old school house. Mr. Bowker asked about the parking of cars. Mr. McCarty said that there was no•provision for parking. The front of the building will be in about 40 feet from the side- walk. They would like to have a flagpole on the lawn. Mr. Bowker asked the distance of this building from the sidelines. Mr. Ballou said that it would be about 20 feet from one side, and 15=18 on the other. Mr. Bow- ker asked the hours that the building would be open. Mr. McCarty was not able to answer this, as they intended to rent this building to outsiders. The Veterans+ room for the next five or six years undoubtedly would be open two, three or four nights a week. They have their regular meetings once a month. Mr. Bowker asked whether they would sell anything in this building. Mr. McCarty answered no. Mr. Ballou stated that there was a definite need in that ,part of town for a building of some kind. Many evenings there are 18 to 30 children in front of Wardrobes drugstore, and this building would be one means of keeping them inside for the veterans intend to start a youth movement. Mr. Ballou stated that there is a room for banquets for the various churches, with a dumb waiter. It will be heated by oil. Mr. Bowker asked about signs. Mr. McCarty said they would have just one - vpW - Post 3,007., The.building will be dedicated to the boys who have given their lives in the various wars. They will have one room set aside as a Memorial Room. Mr. Bowker also asked if there was to be any lighting on the lawn, and Mr. McCarty's answer was no. There will be a driveway beside the building to allow a ' truck to back in to deliver oil. Mr. Nickerson asked if there were sufficient space in the rear for park- ing, and Mr. Ballouls answer was no. Mr. Lynch asked about the other facilities in East Lexington. Mr. McCarty stated that they had ,fust the Adams School Hall. This proposed building will hold about 500 persons. They have a stage which is good size; it will be about 30"higher than the main floor, Mr. Locke asked Mr. Ballou about grading. Mr. Ballou stated that it would have to be graded, and it will be done properly. Mr. Bowker asked if the Build- ing Inspector had seen the plans of the building, and Mr. McCarty answered no. Mr. Locke asked'how soon they intended to go ahead with construction. Mr. McCarty said they would like to lay the corner stone the 19th of April. Mr. Joseph Belcastro, 174 Wood Street, stated that this building was not something to tear down East Lex- ington, but that it would help everybody in that section of the town. It is a Memorial to the comrades in World War 1 and 2. They are not asking anybody in Lexington to give them anything; they will support the building themselvep, and construct it themselves. Mr. Beleastro, is sure that after the building is finished, it will have the support of the whole town. Some of the ideas they have will be put into practice and will benefit the entire town. Margaret Hamilton, 255 Waltham Street, thinks East Lexington need a building as well as the Veterans. They need a place for young people to meet. Edward Chapin thinks this would be a civic improve- ment, and has the same ideas as Mr. Belcastro. Joseph Condes, 756 Massachusetts Avenue, owns the lot just south of this lot. He bought it about two years ago. They have a problem now of parking, and he questions what it would be if this building were erected. Mrs. Condes, 756 Massachusetts Avenue, feels that the lot is too small for this kind of building, and the park- ing problem will be increased. Realizes the value of a community hall, but does not feel that it should be in this section. Paul R. Snow, 43 Pollen Road, stated that he has sympathy for the veterans, but that a hall such as this one, will be noisy; the music will be bothersome, and the 2:00 or and thearkin , p g prob�.err, will be increased. He fells very strongly that this project would depreciate the value of his property. Mrs. Snow, 43 Pollen Road, stated that people not living on a hill don't realize how much noise they get from the Avenue. Their Sot joins the Veterans lot in rear, and the gatherings will be noisy. Christine Stewart, 782 Massachusetts Avenue, objects mostly to the parking. She feels that they should have a larger space for the parking of cars. Lyman Stewart, 782 Massachusetts Avenue, does not object to the Veterans having a memorial build- ing, but he does not think that the old Adams School lot is the place. If the building is to be as they say it is, they should have more land for parking. It is bad enough as it is, but this will tend to Increase it. Aiden Ri$1ey, 52 Pollen Road, a veteran of World war 1, would like to see this building, or one like it, any place but there. He lives near enough to get the noise. His house is not over 125 yards from the back of the proposed building. They are able to hear people talking on Massachusetts Avenue and with a building like this, it is boi{hd to be noisy no matter how much they yry to prevent it. Mr. Ripley feels that the lot should be larger for the size of the building, and the worst feature of all is the parking. The proposed building is almost across the street from Wardrobes and that is bad enou& as it is. Mr. McCarthy answef�ed Mr. Snow's question about using the present Fire Station for Headquarters after the new station is completed by saying that the pkace is too small to begin with, and that he understands the Town has other plans for the building. The Veterans have tried all available lots and this seems to be themostdesirable. He further stated that people living in a business district should expect parking of cars. Mr. Belcastro stated that their organization would not bring any more c ars than the various churches do, and that this problem is the same as the Town Hall I and the Masonic Hall. 201 Mr. Condes answered Mr. Beleastrols statement about parking of cars by saying that a policeman was there on Sundays to control cars, and Mr. Belcastro stated that they are required by law to have a police- man for a eertadn number of cars and that is the problem of the man on duty to control the parking. Mr. Snow spoke,again and said that traffic from functions at the hall is a little different propostion. They would not break up very early and would be noisy. Thomas Brown, 458 Waltham Street, said that the traffic could not be helped. The Veterans are looking for a memorial home. Mr. Ripley spoke again and said that he did not see how anyone could compare parking for church with this sort of parking. Mr. McCarty stated that he did not feel that the hall would be rented more than once a week. Mr. Stewart said that once the hall is hired, the Veterans would not have any control over it. Mrs. Hamilton stated that the Ladies Auxiliary have meetings twice a month, with just an occasional card party. The majority of the wcamn use the bus. she believes that the Veterans will be very careful to whom they rent the hall. A petition was presented to Mr. Bowker of persons objecting to the granting of the petition. This was signed by 38 persons"; 7 of whom spoke at this hearing. A letter was also received by Mr. Brayton of the Follen Church who stated he was neither for nor against the petition. Hearing was declared closed at 8;30 P.M. The Board considered the application of the VFW, Upon motion of Mr. Nickerson, seconded by Mr. Ballard, it was unanimously voted that the application of the VFW be denied in the following form; BOARD OF APPEALS DENIAL` The Board of Appeals,-&cting`under the Lexington Zoning By-law and'General Larvas, Chapter 40, Sections 25 to 30A`: as amended, having, received a written petition addressed to it by Veterans of Foreign Wars, a copy of which is hereto annexed, held a public hearing thereon 202 x of which notice was mailed to the and petitioner 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 ndwspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Buildingion November 15, 1946. 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 they wished per- mission to erect a memoribl building on the so-called old Adams School lot -on the southwesterly side of Massachusetts Avenue, Lexington; said building to be used for post headquarters for the veterans and Auxiliary, and for rental to outside parties. The size of the building would be 451 x 801 set back from Massachusetts Avenue approximately 401 x*301 from the rear 6f the lot line, and from 151 to 201 from either side line. The building is to be one story and base- ment of'reenforced concrete and brick construction and conef;ete block construction. Evidence was offered on behalf of citizens opposing ' the granting of the said petition tending to show; That the construction of such a headquarters building would result in increasing the parking problem in the vicinity and would tend to impair the status of the neighborhood. It was felt that there would be con- siderab;e noise resulting from the use and the rental of the facilities of the building. A petition in opposition was received from 38 persons, including the seven persons who spoke against the petition at the hearing. At the close of the hearing the Board in private session on November 15 1948 gavel consideration to the subject of the petition and voted unanimously in favor of the following findings; 1. 7laaV 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. 203- 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would not involve practiakl diff iculty.and unnecessary hardship and the relief requested may not be granted.without substantial detriment to the publid good and without substantially derogating.from the intent and purpose of such Lex- ington Zoning By-law. 5.. That no provision was made to provide parking } facilities., and that such.a headquarters building would increase traffic congestion in the neighborhood. Pursuant to the said findings, the Board hereby denies the said petition of Veterans of Foreign Wars for permission.to erect and maintain Post Headquarters on the so-called old Adams School lot on the south- westerly side of Massachusetts Avenue, Lexington. 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 a public record and that notice of this 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 i /s/ Winthrop H: Bowker D. E. Nickerson Walter C. Ballard Errol H. Locke Thomas J. Lynah I. Virginia B. Tarbell, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the thirty-first day of October 19461, to Eugene A. McCarty, William J. & Julia M. Grant, Adeline L. Cataldo, Margaret C. & Martha J. Wilson, Anthony R. Cataldo, Lizzie E. Lowell, Lerma 0, Truesdell, Joseph J. & Dorothy C. Condes, 0404 Follen Church, Albert G. & Helen C. Hegy, Lyman C. & Christine A. Stewart, Gedeon F. & Alice M. Rhault, Michael Interante, Annie Be Fraser, George E. & Josie Be Wardrobe, Roland N. & Margaret Hayes, Patrick S. & Alice C. Furdon, Gaetano & Audity-:L. Buttaro, Roman Catholic Archibishop of Boston - Rev. Wm. J. Desmond, John L. & Bertha V. Pichette, Magda Hovagaard & Otidia Nielson, Bertram W. & Marjorie L. Hill, Susan L. Duff, Ellen V. Mitchell, Mabel F. Martin, Joseph J. & Mary A. Nagle, Paul R. & C. Ruth Snow, Aiden L. & Doris Ripley, Anna F. Cummings, Grace W. Kelley, Samuel & Dina Spanos, Anna F. Kenney, Nora J. Harrington, Henry F. & Leona H. Peabody, Aina W. Chapman, Harry & Bertha G. Hanson, Li113am D. Parks, John J. & Alice G. sweeney, Christopher E. & Marion L. Rymes, Thurman D. & Olive P. Cunningham, Menotomy Trust Co., Rebecca Farnham, and also advertised in the Lexington Minute -Man on October 31, 1946, a notice of which the following is a true COPY* fsf Virginia Be Tarbell Clerk, Board of Appeals NOTICE October 31, 1946 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By- law upon petition of the Veterans of Foreign Wars tpr permission to erect and maint in Post Headquarters on the so-called old Adams School lot on the southwesterly side of Massachusetts Avenue, Lexington, under the Lexington Zoning By-law and in accordance with General Laws, Chapter 40, Sections 25 to 30A as amended. The hearing will be held bn November 15, 1946, at 8;00 p.m, in the Selectmen's Room, Town Office Build- ing, Lexington, Mass. WINTHROP H. BOWKER Chairman, Board of Appeals 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 30A as amended, to vary the appli- cation of section 6b of the Lexington Zoning By-law 04, am !J n n ' with respect to the premises at No. "so-called old Adams School lot ", owned by the Town of Lexington by permitting the following; Erection and maintenance of Post Headquarters. Eugene A. McCarty Vet. Foreign Wars P. 0. Box Lexington, Mass. The meeting adjourned at 10;00 P.M. A true record, Attest; 1 1 Clerk, Board of Appeals 2oa