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.
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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