HomeMy WebLinkAbout1953-04-16221
BOARD OF APPEALS BEARINGS
I
April 16, 1953
A meeting of the Board of Appeals was held in the Selectmen's
Room, Town Office Building, Lexington, on April 16, 1953• Chaiiman
Locke, Messrs. Lynah, Ballard, Redman and Ripley were present. The
Clerk was also present.
At 8:00 p.m. hearings were declared open upon'the following
petitions:
Gre Nuns Charities, Inc. - to use the first floor of the frame
house at Pelham . as a Nursery School and Kindergarten.
Grey Nuns Charities, Inc. - to use the first and second floors of
the brick ouse at 6 Eliot Rd. as a Convalescent and Rest Home.
Charles Chicarello - to erect a single family dwelling on lots 129-
30-31, being #34 Ta Avenue, in accordance with plot plan submitted.
Follen Community Church - to erect a one-story addition at the
rear of the present c rc at 755 Mass. Ave. on the area shown on the
plot plan submitted.
Ba rZ Lipton - to erect a single family dwelling, breezeway and
' garage at baSimonds Rd.
Elbert A. Fisher - to erect a breezeway and garage attached to the
dwellOg—al 12 Rangeway Rd.
Western Real Estate Trustees - to eliminate the emergency door at
the rear of 1737 Mass. ve. o install one rear entrance 5 feet wide
equipped with one pair of doors.
Following the hearings an Executive Session was held during which
the following decisionswere reached:
Grey Nuns Charities, Inc. - granted subject to the rules and regu-
lations as laid down by the Dept. of Public Health and the Dept. of
Public Safety of the Commonwealth of Massachusetts.
Grey Nuns Charities, Inc. - granted subject to the following con-
ditions: 1. that not more than 14 persons shall be accommodated at one
time; 2. that no mental cases shall be accepted; 3. that all rules and
regulations of the Dept. of Public Safety and the Dept. of Public Health
of the Commonwealth of Massachusetts shall be complied with.
Charles Chicarello - granted subject to the condition that all
conditions of the Lexington Building By -Law be complied with.
Follen Community Church - granted
Harry Lipton - granted
Elbert A. Fisher - granted
Western Real Estate Trustees - granted
Muriel C. Stone, Clerk
23,
GREY NUNS, INC. HEARING
' At 8:00 p.m. hearing was declared open upon the petition of the
Grey Nuns Charities, Inc., for permission to use the first and second
floors of the brick house at 6 Eliot Rd., Lexington as a convalescent
and rest home.
Notice of the hearing was read by Mr. Locke. Notices of this hearing
had been mailed to the owners of all property deemed by the Board to be
affected thereby as they appear on the most recent local tax list.
Mr. Locke: Mr. Lynch, do I understand that you will present the case to
the Board?
Mr. Lynch: Yes, Mr. Locke
Locke - Will yok give us the story please.
Lynch - Mr. Chairman, gentlemen, for the purposes of the record I would
like to state that I am appearing as Attorney for the Grey Nuns Charities,
Inc. I do not know what your agenda is tonight Mr. Chairman, do you have
other hearings in addition?
Locke - I think there are five or six.
Lynch - Much of what I will say will apply to both of these petitions. I
will not repeat it. I think that this is the first time in the history of
the Town of Lexington that a group of Catholic mzns have come to this Board
asking for something in the Town of Lexington. Mr. Chairman I would like
to present to this Board the Sisters who have accompanied me here tonight.
(Mr. Lynch introduced the Sisters by name, to the Board.)
The Grey Nuns were organized in 1738 in Montreal, Canada. At the present
time the Nuns operate 33 General Hospitals, 2 Hospitals for Incurables,
14 Homes for the Aged, 15 Schools and Orphanages and many other Homes and
Services. (Mr. Lynch stated in detail the many other operations of the
Sisters.)
I think this will give us a general background of the Sisters, who they are
and what they are. They came in to Lexington and have purchased the
Engstrom and Bond properties. The Sisters are already living in the
Engstrom property. I have prepared a plan of the Engstrom and Bond prop-
erties, and all the property in that general area taking in Warren St.,
Eliot Rd'., Bennington Rd., Washington St., etc., showing the location of
all properties and I have had the Assessors put on this plan the assessed
value of the property. The Engstrom and Bond properties are adjoining
properties and the properties so sold to the Sisters as one piece.
Locke - There was one piece?
I
Lynch - The Sisters acquired from Mr. and Mrs. Bond and also the Tower
property. The Engstrom property is the property they desire to use as a
Rest Home, maintaining not more than 14 patients. on the second floor of
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Engstrom property there are 7 large rooms and 5 unusually large bath-
rooms. This second floor is the only part of the building that will be
used for aged or convalescing patients. No patients will be housed on
the second floor. On the second floor there will be a large living room,
not only for the patients but for the nuns who staff the hospital. The
solarium will be used as a chapel.
We have had the property inspected by the Dept. of Public Safety. We have
been advised as to what will be necessary before the patients can be
accommodated in the property that comes within the exclusive jurisdiction
of the State, and whatever they want we will do and anything else that
from the broad and wide experience of these nuns is necessary to maintain
perfect safety at all times.
As far as the exterior of the property is concerned, and there may be a
fear on part of some of the neighbors that it might cause the neighborhood
to deteriorate. I believe the people in this neighborhood are close
enough to Mrs. Engstrom, who visited the nuns this afternoon, to know that
they would not have sold the property to these nuns if they had thought
that it would be harmful to this area. The outside of the property will
be just the same. The gardens will be kept just as beautifully. The nuns
do not plan to fill this house immediately, but gradually. As far as
safety is concerned, the property will be left pretty much as it is now.
There will be at either end of the building a very modern fire escape.
There will be no other outside changes in the property except the front
and rear doors which now swing in will swing out, to conform with the de-
partment of public safety. Otherwise there will be no changes in the ,
outside of this building.
If there are any questions - but before I go into that I would like to say
that as far as the Town of Lexington is concerned we are not asking for a
precedent here. There are, as I think the Board knows, other convalescent
and rest homes in the Town of Lexington. This is by no means an all-in-
clusive list, but I have noted several. This Board granted permission on
June 29, 1950 to Mary and Thomas Walsh to operate a convalescent home on
Lowell St. They now have, I understand, permission for 35 patients and
that has been increased from 35 to 116, and it is operated under the Fiar-
lawn Nursing Home. Permission was given to Clara K. Stanley to operate a
boarding home for the aged at 20 Parker St. On May 16, 19117 permission
was given to Virginia Coleman to operate a rest home at 6 Raymond St. In-
cidentally all three of these are in residential zones. We have the Lex-
ington Home for the Aged on Massachusetts Ave. in a residential zone.
There are other houses in town caring for patients that need no permit
and where no permit is necessary, under the State law we much procure a
State license to comply with the State Dept. of Safety regulations. We do
not ask for a precedent. We think that the group of nuns here are well
able to run this type of institution and I say that the Town of Lexington
should welcome these women into our town with open arms. It will prove to
be one of the best investments this town has ever made.
Locke: What type of convalescent cases would there be?
Lynch: No people will be admitted to this Home for diagnostic purposes and '
there will be no surgical operations in this Home. No resident physician,
(trey Nuns
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and anyone in need of medical care will be taken out of this Home imme-
diately. We will take in women exclusively. We will take in people who
are in need of a rest of any kind, and all people in the Home will be and
must be ambulatory. We will have no bed patients.
Locke: I assume that your classification would include mental cases?
Lynch: Definitely no.
Locke: Has any member of the Board any questions?
Ripley: Would you be willing to take up the frame house at the same time?
Lynch: I would be happy to do so.
Locke: I think we should go through the formality of reading the notice.
Ballard: How many exits are therefrom the second floor?
Lynch: From the second floor at the present time there are two stairways.
As you go into the main entrance of the Home the stairs lead off the main
hall. There will be fire doors sealing off a part completely. At either
and of the building there will be a door with a very modern fire escape
leading out. There is a main stairway and then there is a stairway leading
down to the kitchen. '
' Locke: I might say that our usual procedure in handling a heariw of this
kind is next to provide for general questions so that the facts may be well
established. There will be an opportunity for any person present to ex-
press themselves in favor of this application and then an opportunity for
anyone who is opposed to express themselves of such disapproval. Are there
any questions from the group?
Worthen: Am I to assume that this property would be not tax exempt?
Lynch: I do not know.
Worthen: I think it is very germain.
Lynch: All church and school properties are exempt.
Locke: I think it is safe to say it is exempt.
Lynch: I assume it would be.
Locke: Any other questions? There will now be an opportunity for anyone to
speak in favor of granting this application, and if anyone so wishes to be
recorded will they kindly give their names and addressed for the records.
Russell Kettell, 29 Pelham Rd: my sister and I are in favor.
' Adolph and Helen Samborski, b Eliot Rd. We are in favor.
Lea E. Clancy, 28 Independence Ave. I have had many years experience with
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the Grey Nuns and my father has known them. My sister happens to be a
patient -of theirs at the Holy Ghost Hospital. In favor. '
Abettor: Are the patients to be admitted only of the Catholic faith?
Lynch: The Grey Nuns will take anyone of any faith, color, or creed.
Everybody is welcome at all times.
Dr. Mooney, 1145 Mass. Ave., in favor.
Locke: Anyone else? If not, there will now be an opportunity for anyone
who wishes to speak in opposition
E. T. Martin: I am an attorney for Mr. Hoyt of 11 Eliot Rd. who is opposed
to the granting of this application on the ground that the comings and
goings of all kinds of tradesmen and doctors, etc. would be hazardous to
his children, and also thinks it would clearly be a loss of property
values.
Mr. Locke: Anyone else?
John Kugler, 1347 Mass. Ave.: I am not immediately adjacent to this property
but located in the same town. I am opposed to it.
Helen C. Parsons, 12 Warren St.: Opposed.
Margaret E. Davis, 7 Eliot Rd. We came to this town feeling that we had
chosen a restricted neighborhood where nothing of this sort could come into
our neighborhood. I am definitely opposed to it.
Herbert Crowley, 1 Bennington Rd. I have the same point of view.
F. Sherburne Carter, 24 Percy Rd. I express my opposition to this.
Locke: Ar*one else?
E. Colladay, 19 Eliot Rd. I am opposed to this project because I feel it
will deteriorate the neighborhood.
Mrs. Alice Newell, 20 Percy Rd. Opposed.
Locke: Anyone else? Would you care to say anything else Mr. Lynch?
Lunch: I can answer Mr. Martin. He misunderstood the purpose for which the
Sisters will use this property. The activity will be less by far than the
activity was when Mr. and Mrs. Engstrom entertained their friends there.
I am sure that if Mr. Hoyt realized the use of this property he would not
have written the letter.
Ripley: The name of "Grey Nuns Charities" - is that a 100% charitable insti-
tution? Does anyone pay anything?
Lynch: Yes, sure they do. You will find that most every charitable hospi-
tal people pay. If a poor person came to these nuns they could give them
Grey Nuns
things for nothing.
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Ripley: It could be charitable?
Lynch: Yes. These Sisters do not receive a fee for their work.
Ripley: I gather from this conversation that patients that are financially
able will be asked to bear the expense of their convalescence. Am I
right in assuming that this property, under these circumstances, will be
tax free?
Locke: I believe so.
Abuttor: We are told that they are not to have any mental cases or
surgical cases. Will they have to come before the Board again if they
want to take mental or surgical cases or do they just take them?
Locke: I think that hinges upon the fact of if we make certain conditions.
Lynch: The license that we seek is to ask to run a nursing home. The law
requires a special permit for mental cases and we do not ask for that.
Lombard, 23 Eliot Rd. We have no particular objection to the property be-
ing used for the purpose which has been stated tonight. One thing does
bother me however, as to whether this is a step to something else - a
' High School or Hospital across the street. Whether or not Mr. Lynch can
give us the answer I do not know.
Lynch: The Tower property will not be used at any time for a hospital.
Some people think that it will be used for a Catholic hospital or a
Parochial school, and there will not be a Parochial school at any time in
the Tower property.
Locke - Are there any other questions? Any further questions from
the Board? If not, I will assume that we have all the facts we need
on this case. We will close this hearing and the Board will take the
matter under consideration.
The hearing closed at 8:35 p.m.
J
K=iel C. Stone, Clerk
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