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HomeMy WebLinkAbout1947-05-16 25 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. Broom , 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? Mrs. Coleman: They are registered nurses from the Bond Home. Mr. Redman: Any particular type of patients? Mrs. Coleman: Elderly persons who are in bed preferably. I would not/any mental cases. have 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 reasonably 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 itself . 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 spaee 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 Mr. Nickerson, seconded by Mr. Ripley, it was unanimously votedthat the application be granted in the following form: 26 a BOARD OF APPEALS PERMIT /illi The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30A 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 Selectmen's Room, in the Town Office 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 That she wi hed tpermiesion to maintain a rest home located at Raymond Sree , Lexington, 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 11/ 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 grating of this pppekl 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: 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 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. i.. 26 b -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 : Thiel Hermit 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 reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, 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 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) /s/ Lester T. Redman J. Henry Duffy 111 ( 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 certificate 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 F. Barry, *alter 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. Eynah, and also advertised in the Lexington Minute Man on May 1, 1947, a notice of which the following is a true copy. /s/ Virginia B. Tarbell Clerk, Board of Appeals NOTICE May 1, 1947 The Board of Appeals will hold a hearing on tte 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 16, 1947, at 8:00 P.M. in the Selectmen' s Room, Town Office Building, Lex- ington, Mass. ERROL H. LOCKE Chairipan, 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, appointedanneer 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 /I/ 6 Raymond Street Lexington, Mass. 27 ' Before 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 Milled 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 implements 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 is a house there for his own protection. He has been in Lexington for the past 28 years and has been farming that land for 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 hfs 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 that of frontage on a street of the town. Mr. Busa: I understand that, but this lot is not 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. L - - 28 Mr. Redman: Yourf 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? Mr. 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 en 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 released 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 will 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. 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: 111 BOARD OF APPEALS DENIAL The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 3OA as amended, having received a written petition addressed to it by Antonio Busa 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 affectedthereby 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 Selectmen's Room, in the Town Office Building on Three regular and two assdciate 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 street 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 111 21, 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. Be 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 hearing, 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 appeared 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 requestedwill 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 granted without substantial detriment to the public good and without; substantially derogating from the intent and purpose of such Lexington Zoning By-law. 28 b 111 -2- Pursdant to the said findings, the Board hereby denies the said petition of Antonio Busa because of insufficient frontage on a-Board of Survey Street. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth 11/ 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 Alden 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 Buss, Donato & Auguria Pierro, Cuiseppe & Anna Molillo, Guiseppe Vitale, Enlilo & Talina Rosa, Raffele & Caroline Ardolino, Martin J. -- Daley, Jr. , Rose Scurto, 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 B. Tarbell Clerk, Board of Appeals . NOTICE 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 111 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, 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:la P.M. did not appear. The meeting adjourned at 9:40 P.M. A true record, Attest : 11/ Clerk, Board of Appeals. l