HomeMy WebLinkAbout1947-05-1625
BOARD OF APPEALS MEETING
May 16, 1947
.A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, on May 16, 1947,
Mr. Redman, Mr. Nickerson, Mr. Brown and Associate Members
Ripley'and Duffy were present. The Clerk was also present,
Upon motion of Mr. Nickerson, seconded by Mr. Brown, it
was unanimously voted that due to the absence of Mr. Locke, Mr.
Redman serve in the capacity of Chairman.
At 8;07 P.M., hearing was declared open upon the petition
of Virginia Coleman for permission to maintain a rest home
on her premises located at 6 Raymond Street.
Notice of the hearing was read by Mr. Ripley. There were
two persons present at the hearing. Notice4of the hearing
have been mailed to the owners of all property deemed by
the Board to be affected thereby as they appear on the most
recent tax list.
Mrs. Coleman stated that she was a registered nurse and
desired to operate a quiet nursing home, She intedds to
keep it as nice a neighborhood as it is now, and would like
to apply for a maximum of eight patients. She has two rooms
measuring 13 x 15, one room 13 x 18, another room 12 x 12
and a smaller room. The smaller room would take a bed, dresser,
two chairs and a lamp. The larger rooms would take two beds.
The State requires fifty feet of space for each bed and she
can easily do that. One room is on the first floor and the
rest on the second floor. She has two rooms on the third floor
which would not be used.
She would have adequate help - a day nurse, a night nurse
and a cook.
She has a petition signed by the immediate neighborhood
showing that they have no objections to the granting of the
petition. Mrs. Coleman presented this petition to the Board
of Appeals to place on file.
Mr. Redman; The attendants will be registered nurses?
Home.. Mrs, Coleman; They are registered nurses from the Bond
Mr. Redman; Any particular type of patients?
Mrs. Coleman; Elderly persons who are in bed,,pref erably.
I would not //any mental cases.
have
26
Mr. Redman; What facilities do you have in the house?
Mrs. Coleman; I have a bathroom on the first floor
and one on the second floor. There is a front and rear
stairway leading to the second floor, a small upstairs
porch and a front porch.
Mr. William Lyon stated that Mrs. Coleman was his
.sister.. Her husband is in failing health and is not now
able to earn a reasonable week's income. She is going
to operate this rest home in order to bring in additional
income for her husband is going to have an operation for
some form of gland situation. The fact that the Bond Home
is closing as a rest home would leave very few places
for elderly people in the town to be accommodated properly.
It is his opinion, as well as the neighbors, that.her activities
will make no difference in the exterior goings-on of the
neighborhood, or of the property ittelf.
Mr. Ripley; What is the total number of rooms?
Mrs. Coleman; Fourteen rooms. I will give over five
rooms to the patients.
Mr. Ripley; Is the house occupied now?
Mrs. Coleman; we own the house and live in it. We
take roomers now, but they are leaving before long.
Mr. Duffy; Any structural changes?
Mrs. Coleman; No. We have a three -car garage -
a long driveway and plenty of space for parking.
Mr. Brown; Any signs?
Mrs. Coleman; No.
Mr. Ripley; Is there apt to be much calling on patients?
Mrs. Coleman; I have talked with Miss Withrow about
this, and unfortunately there is not very much.
The hearing was declared closed at 8;15 P.M.
The Board considered the application of Virginia Cole-
man, and upon motion of Bir. Nickerson, seconded by Mr.
Ripley, it was unanimously votedthat the application be
granted in the following form;
26 a
BOARD OF APPEALS PERMIT
The Board of Apneals, acting under the Lexington Zoning
BY -law and General Laws, Chapter 40, Sections 25 to ZOA as
amended, having received a written petition addressed to it
by
Virginia Coleman
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 published in Lexington
which hearing was held in the Selectments Room, in the Town tffiee
Building on the sixteenth day of May, 1947.
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 shows TThat she w hed a si n
to maintain a rest home located at 6 Raymond 3 reet�; ex ngton,
She stated that she desired permission for not more than eight
(8) patients. She stated that she was a r egistered nurse; that
the house contained five (5) rooms which would be given over to
patients, and that there were bathrooms on both the first and the
second floor. She intends to have a day nurse and a night nurse,
and would not take any mental patients. There would be no
structural changes in the house.
One person spoke in favor of granting the petition. A petition
was presented favoring the grafting of this pppealc.by five (5)
residents of Raymond Street, two (2) of Muzzey Street, and one (1)
of Clarke Street; all near neighbors of the property.
At the close of the hearing the Board in private session
on on May 16, 1947 gave consideration to the subject
of the petition and voted unanimously in favor of the following
findings;
le 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 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,
K'W%
-2-
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 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 unanimously
decides that the application of the Lexington Zoning By-law is
hereby varied so far as may be necessary to permit Virginia
Coleman to maintain a rest home located at 6 Raymond Street,
Lexington; said home to provide for not more than eight (8)
patients subject to the following conditions; This Jiermit
is granted on the basis that all State and Town Building and
Fire Laws will be adhered to; that no mental patients will be
taken; and is granted only so long as Virginia Coleman is the
owner of the property and operates the rest home
The Board hereby makes a detailed record of all its pro-
ceedings relative to such petition and. hereby sets forth that
the r6asons for its decision are its findings hereinbefore set
forth and the testimony presented at the said haaring, includ-
ing 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
ins 0ctionv;and that notice of the decision shall be mailed
for hwith to each party in interest.
BOARD OF APPEALS OF LEXINGTON
(Acting under the Lexington Zoning
By-law and General Laws)
/s/ Lester T. Redman
J. Henry Duffy
( over }
Aiden L. Ripley
D. E. Nickerson
J. Milton Brown
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 eertif ieate
of mailing on the first day of May, 1947, bo Virginia Coleman,
Old Belfry Club, Merle D. Straw, Jr., Mary E. Tarbell, Florence
C. Robertson, Laura M. Beaudry, Francis T. & Mabel Fl,Barry,
Valter C. & Clara B. Ballard, James J. & Florence C. Carroll,
Mrs. Louise L. Sexton, Tr., Miss Midlred A. Dacey, George
J. Bailey, John E. Kelley, George H. & June G. Peterson, Mrs.
Gertrude H. Mara, Mrs, Rose S. Wright, New England Telephone
& Telegraph Co., Carrie Peterson, Thomas G. & Elizabeth D.
Lynah, and also advertised in the Lexington Minute Man
on May 12 19475 a notice of which the following is a true copy.
N O T I C E
/s/ Virginia B. Tarbell
Clerk, Board of Appeals
May 12 1947
The Board of Appeals will hold a hearing on tle matter
of varying the application of the Zoning Law upon petition
of Virginia Coleman for permission to maintain a rest home
on the premises located at 6 Raymond Street, 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 on May 169 19479 at 8;00
P.M. in the Selectmen's Room, Town Office Building, Lex-
ington, Mass.
ERROL H. LOCRE
Chair4ian, Board of_Appeals
April 24, 1947
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts.
Gentlemen;
The undersigned hereby petitions the Lexington Board
of Appeals, appointcduunder General Laws, Chapter 40,
Sections 25 to 30A as amended, to vary the application
of section 6b of the Lexington Zoning By-law with respect
to the premises at No. 6 Raymond Street, owned by Harry
and Virginia Coleman of Lexington by permitting the
following; Maintenance of a Rest Home,
Virginia Coleman
6 Raymond Street
Lexington, Mass.
J
2
'
Be -fore the next hearing was called, Mr. Duffy retired
and Mr. Ballard took his place on the Board of Appeals.
At 8:22 P.M.hearing was declared open upon the
petition of Antonio Busa for permission to erect a house
on a lot of land on Rawson Avenue which will not have the
required frontage on a street.
Notice of the hearing was read by Mr. Brown. There were
two persons present. Notices of the hearing have been
wiled to the owners of all property deemed by the Board
to be affected thereby as they appear on the most recent tax
list.
Mr. Busa said that he intended to put a house on his
farm for protection. Without a house there, that farm has
no protection at all. The youngsters come in and destroy the
crops and implfinents around the premises. This has happened
many times. He has been cultivating the farm for the past
twenty years. He has 285 feet on Old Road. That road is not
abandoned. It has been there for many years. He also has
frontage on Rawson Avenue. All he askes is a driveway from
either the Old Road or Rawson Avenue. He is not trying to
develop any real estate there. All he needs isa house there
for his own protection. He has been in Lexington for the
past 28 years and has-been farming that land f or•20 years.
If this were in another location, he undoubtedly would need
one hundred feet of frontage, but on thisland, he is only
asking for a driveway. He has about twenty feet on Rawson
Avenue.
Mr. Redman The Old Road is not an accepted street, is it?
Mr. Busa; I do not know that.
Mr. Redman: Is the road used at all?
Mr. Busa: yes, it hes been used as a public right of way.
Mr. Redman: --It has been used right along?
Mr. Busa: yes, it can be used. It has a hard surface.
The trucks have been through there with ten or fifteen tons
of gravel.
Mr. Redman: The present Zoning Laws are that you have one
hundred f bet of frontage on a street of the town.
Mr. Busa: I understand that, but this lot isnot in the
' center of town. I am not asking that the town build a road.
I only want a driveway to my property. If I don't have a house
there, the land is not worth anything to me. I need the pro-
tection.
z8
Mr. Redman; yoix f arm is all around this area?
Mr. Busa; yes.
Mr. Redman; Any buildings there?
Mr. Busa; Just an open barn.
Mr. Ripley; Where do you keep your equipment?
TV'* Busa; In the barn. It is more convenient to the
farm.
Mr. Ripley; Where do you live now?
Mr. Busa; On Lowell Street. Quite far away.
Mr. Joseph Vitale, 24 Rawson Avenue, stated that he was
the nearest abutter. He knows that he has applied for the
house, but one thing he wants to know is how Mr. Busa is
going to get his water there.
Mr. Busa; I had water there before.
Mr. Redman; Where does that water come from?
Mr. Busa; From Rawson Avenue. Water was put there
before without any trouble. It can be put there again.
Mr. Nickerson; I think you should present this matter
in its complete picture. At the Planning Board hearing you
stated that your piece of land goes down on another street
and that you or your son were going to build there on the
other end of the land.
Mr. Busa; That land has been re;eased to my son.
Mr. Nickerson; You now have no frontage on the other
street.
Mr. Busa; I have no frontage. My son has a permit to
built on Lowell Street.
Mr. Redman; This little fron#age on Rawson Avenue is the
only frontage you have on your land on an accepted street.
Mr. Busa; That is right, other than the frontage on
Old Road.
Mr. Ripley; This house you propose to build is for
yourself?
Mr. Busa.; It is not for myself. It is for my
daughter. She will be there so that somebody wiU be on
the premises.
Mr. Ripley; This house would be your house?
Mr. Busa; Yes.
The hearing was declared closed at 8;35 P.M.
1
1
1
28 a
The Board considered the application of Mr. Busa, and upon
motion of Mr. Nickerson, seconded by Mr. Brown, it was unanimously
voted that the application be denied in the following form:
BOARD OF APPEALS DENIAL
The Board of Appeals, acting under the Lexington Zoning
By -lax and General Laws, Chapter 40, Sections 25 to 3OA as
amended, having received a written petition addressed to it
by Antonio Buss,
a copy of which is hereto annexedo 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 looal tax list, and also
advertised in the Lexington Minute -Man, a newspaper published
in Lexington, which hearingwasheld in the Selectmen's Room,
in the Town Office Building on
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 he had a frontage of approximately
twenty (20) feet on Rawson Avenue, Lexington, an accepted Htreet
of the Town; that he owns the lot designated as Lot A4 with 16,050
square f eet as shown on a plan of Everett M. Brooks Co., dated April
2131 1947; that he wished to build a house on this lot to be occupied
by his daughter as a protection to his adjoining farm property. He
stated that he intended, if the petition were granted, to make a drive-
way from the house to the frontage on Rawson Avenue.
One interested person appeared at the hearingf but did not oppose the
Evidence was offered on behalf of citizens opposing the petition.
granting of the said petition tending to show:
No one appxeared in opposition to the granting of the petition.
At the close of the hearing the Board in private session
on May 16, 1947 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 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.
4. That the enforcement of the Lexington Zoning By-law as
to the locus in question would not involve substantial hardship
to the petitioner, and the relief requested could not be grantsd
without substantial detriment to the public good and withou'-
substantially derogating from the intent and purpose of such
Lexington Zoning By -lax.
RIM
Pursuant to the said findings, the Board hereby denies
the said petition of Antonio Busa because of insufficient frontage
on &.Board of Survey Street.
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 herein-
before 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)
/s/ Lester T. Redman
Aiden L. Ripley
D. E. Nickerson
Walter C. Ballard
J. Milton Brown
(
over)
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 first day of May 1947 to Antonio Busa, Donato
& Auguria Pierro, Cuiseppe & Anna Molillo, Guiseppe Vitale,
Emilo & Talina Rosa, Raffele & Caroline Ardolino, Martin J.
Daley, Jr., Rose Seurto, Vivien, Malcolm W., & Kendall S.
Reed, and also advertised in the Lexington Minute Man on
May 1, 1947, a notice of which the following is a true
copy.
/s/ Virginia Be Tarbell
Clerk, Board of Appeals.
N O T I C E
May 1, 1947
The Board of Appeals will hold a hearing on the matter
of varying the application of the Zoning Law on petition
of Antonio Busa by permitting the erection of a house on a
lot of land on Rawson Avenue, shown as Lot A4 on a Plan of
Land in Lexington, Maes. dated April 21, 1947 by Everett
M. Brooks Co., which will not have the required frontage on
a street under the Lexington Zoning By-lawand in accordance
with General Laws, Chapter 40, Sections 25 to 30A as amended.
ERROL H. LOCKE
Chairman, Board of Appeals
April 30, 1947
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Massachusetts.
Gentlemen;
The undersigned hereby petitions the Lexington Board of
Appeals, appointed under Gener&l.Laws, Chapter 40, Sections 25
to 30A as amended, tb vary the application of section 6a
of the Lexington Zoning By-law with respect to the premises
at Lot A 4 on Rawson Avenue, owned by Antonio Busa of Lex-
ington by permitting the following; Erection of a house
not having the required frontage on a street.
Antonio Busa
46 Lowell St.
Lexington, Mass.
The Minutes of the meetings of March 7, 17 and 28 were
declared approved.
Mrs. S. A. Peterson,,. --544 Lowell Street, whose hearing was
scheduled for 8;15' P.M. did not appear.
The meeting adjourned at 9;40 P.M.
A true record, Attest;
Clerk, Board of Appeals.
J
i
1