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HomeMy WebLinkAbout1954-03-04BOARD OF APPEALS BEARINGS March 4, 1954 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, Lexington, on March 4, 1954• Chairman Locke, Messrs. Ballard, Ripley, Duffy and Houdlette were present. The Clerk was also present. At 8:00 p.m. hearings were declared open on the following peti- tions; 275 St.Camillus Institute - to erect, operate and maintain a hospital of first class cons rue on on the premises consisting of approximately 7.46 acres on the southwesterly corner of Watertown St. and the Concord Turn- pike. Wendell H. Burgess - to make the existing two-family apartment into three apaamen 7sat Wallis Ct. Paul L. T.occi - to subdifide lot 196 located at 24 Grassland Ave. into two ots. Nishan Haroian - to operate a roadside stand at 353 Concord Ave. ' Ernest DeVincent - to continue the operation of the roadside stand located KFIFe corner of Pleasant St. and Concord Turnpike, subject to the following conditions: 1. The stand shall be kept in a neat and orderly con- dition at all times, and only the products of the land of the owner that is within the Town of Lexington shall be sold. 2. This Permit shall expire November 29, 1954• Lloyd H. Miller - to continue the operation of roadside stand at 973 ConcordAve., Subject to the following conditions: 1. That the premises shall be kept in a neat and orderly condition; 2. That there shall be no flood lighting of the premises; 3. That no parking of cars shall be permitted on the Concord Turnpike; 4. That this permit shall expire April 1, 1955; 5. That only products of the land of the owner of the stand that is within the Town of Lexington shall be sold on the premises. At the close of the hearings an Executive Session was held during which the following decisions were reached: St.Camillus Institute - Denied Wendell H. Burgess - Denied Paul L. Tocci - Denied Nishan Haroian - Granted Ernest DeVincent - Granted Lloyd H. Miller - Granted Muriel C. Stone, Clerk 2 7 ST. CAMILLUS INSTITUTE At 8:00 p.m. hearing was declared open upon the petition of the St.Camillus Institute for permission to erect,operate and maintain a hospital of first class construction on the premises consisting of approxi- mately 7.46 acres on the southwesterly corner of Watertown St. and the Concord Turnpike, Lexington. Notice of the hearing was read by Mr. Locke. Notices of this hear- ing 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. Kynch, I believe you are the attorney for the petitioner? Mr. Lynch: Mr. Locke, for the purpose of your records, my name is Daniel A. Lynch and I appear here as attorney for the petitioner. I might say that it has come to my attention in the.past few days that many people have been grossly misinformed as to the character of this petition and the purpose for which this petitioner wishes to use this land. I think it is good from a community point of view to have a large number of residents come here to b informed, and I hope that people that have been misinformed will approach this hearing with an open mind, and I do mean also the Board, until they have fully heard the facts. With your permission Mr. Chairman, as has happened at other hearings where there is such extensive interest, it has been deemed provident to have a shorthand reporter to take down everything that has been ' said because after a hearing was given people have said things that were not said. To that end I would ask that if anybody wished to speak in opposition that he give his name and address, and if anybody wishes to be recorded in favor that they give their name and address. I would like to say, and this may come as a surprise to some people here tonight, the St.Camillus Fathers do not seek in any way to change any law now established in the Town of Lexington. We do not seep a change in the zoning or building laws, or plumbing laws or Board of Health. Why then are we here? There may be some who do not frequent these meetings. We ask for no variations and no rezon- ing of any nature or kind. I may say gentlemen that it is not within the power of this Board to grant a change of zoning in arq way. This land in question comprises some 7-1/2 acres (actually 7.46 acres) and is now in a residential sone. If this permission is granted it will still be in a residential zone. No business of any kind or character can go in this property until the Town Meeting elects to change the zone. This petitioner has agreed to purchase this entire tract of land and has no intention of selling any part of it. It has been said that the Fathers intend to use only a part of this land and sell the rest for business purposes, and that as soon as the hospital was built this became a business zone and any business could go in. This is not true. With regard to Section,5 on page 11 of the Zoning law which describes what uses can be made in land in an R 1 district - we have our schools, both public and religious, and then under paragraph 7 our Zoning laws pro- vide, subject to permission from the Board of Appeals, the following: A number of things are listed that can be built and maintained in an R 1 sec- tion, subject to the permission of this Board, and amongst those uses is a hospital. The notice of course given to the people of Lexington in the 278 4-4-54 Minute -man merely stated that the Institute was of St.Camillus and that they desired to build a hospital. Let me say something about the Order of St. Camillus. (Mr. Lynch gave a detailed outline of the history of the St. Camillus Order which was founded in Italy in 1548.) They run hospitals throughout the world. They have looked around for someplace to locate in suburban Boston and they decided that this land was ideally suited for their purpose. They have an agreement to acquire this land and to erect a hospital. The hospital will be exclusively,for the chronically ill and inform male patients. At no time will it take care of people who are just ill. It will take care of the old and the infirm. These people came here filled only with charity to help the people of Lexington and to lend aid to the Town of Lexington. It may be suggested for grounds of opposition that a hospital will create a traffic hazard on the Concord Turnpike. It is not our intention to enter this land from the Concord Turnpike, it will be exclusively from, Watertown St. I am, advised by the Chairman of the Planning Board that they do not want access from the Pike. A scare has been put into the people of an ambulance all night. These incurably sick old men will be in bed at dusk. These ol: men will find charity here where they will find it nowhere else. To go back to the traffic problem. We have traffic lights at Watertown St. at the present time and there will be nothing from a traffic point of view that will add to it. Ripley: Will this corporation be tax free? Lynch: Yes, it is. Ripley: Does that mean that Lexington will lose money? Lynch: Yes it does. Member of Board: I think in every town we try to take care of our old people. Lynch: It would cost an appropriation of a million dollars. Ripley: How much will it cost the Town of Lexington if this land goes un - taxable? Lynch: The property is assessed for $3,000. It will cost the Town of Lexington $135 a year in taxable property if this is granted. What other use can this land be used for? Some time ago we presented to the Planning Board a proposed Shopping Center. The neighborhood came down and opposed it. A shopping center would have created a traffic hazard. Because of the views expressed by the neighbors the project was abandoned. Recently this Town changed the zoning on property in this area. The Town voted to increase the area of house lots from 15,500 to 30,000. This was approved as a subdivision prior to the new xoning law but there was some doubt in the mind of the Town Counsel. Right on the official plan it says the lots do comply with the zoning by-law. If we have 14 houses built in here we know what the experience has been with the development. I tould not help the Town to have a development here. It might be of interest to know that never have the Brothers of St.Camillus been refused permission at any place. They have never been denied admission and I think that in view of D 1 1 4-4-5u what these Fathers intend to do, it would be a shocking thing if their first refusal was from the birthplace of American Liberty. A word of admonition has been sent to each Father and Brother. of the Order from . . . First of all he comments on the sacrifices they have made in the past and then admonishes his fellow members of this great religious Order as follows: (Mr. Lynch then read the letter to the assembly.) I have been asked, will this be a hospital for those of the Catholic faith? We have never debarred anybody. It will be a credit to Lexing- ton. It will not create a traffic hazard. Locke: Has any member of the Board any questions? Ripley: Have you any plans, Mr. Lynch? Lynch: The Fathers in signing this agreement to purchase this land de- cided to first come to the Board. They do not have any specific plans. The possibility of building any building in the next three or four years is remote. No plans have ben drawn. But we do not ask for any conces- sions of any kind from the laws of Lexington. Locke: I think before we actually get to the point of asking those who might be in favor or in opposition, that we might give an opportunity for anyone to ask any questions that might be of general note. Mrs. C. I. Gragg, 87 Hancock St. I just did not gather how many people were to be cared for. I think you said 22. Lynch: There are 22 in Cambridge. The Fathers would like to have a max- imum of 100 patients. Abuttor: How many ill and inform people do we have in Lexington? I know there are.22 in Cambridge according to Mr, Lynch. Mr. Lynch: There are 22 in Cambridge in one hospital. Frank Harlow, 5 Crescent Rd. Why are these house lots not suitable if that land were to be used for house lots? Lynch: I think they, would all be suitable but I do not know whether you would have to comply with the present law. Locke: Do you know if this was recorded in the Registry of Deeds before the law was changed? Adams: The layout was approved just before the law. If it was recorded I believe it would appear on the plan. Locke; I assume it was recorded prior to the changing of the Zoning By-law? Lynch: I think now. It was not approved until January 4, 1954 and there was that waiting period of lb days, and there is some doubt on it. 279 280 Carrig; That date refers to our original date and has nothing to do with the subdivision. ' Stevenson, 22 Crescent Rd. Have the Fathers looked any other place for land? There is no other place? Lynch: I think they have looked all over. Stevenson: This is the first bit of land they found? Lynch: They have looked at a lot. MacLean, 46 Watertown St. I wonder if Mr. Lynch is aware of the traffic on Watertown St. going to Belmont. I think it is worse than the Pike. Lynch: Of course I am aware of it. But you will have one car going into this hospital to the fifty going into the Belmont Country Club. F. T. Grosser, 44 Golden Ave. I wonder if we can have a definit:g,:) answer as to whether this land can be built on the 15,500 lots or must it be 30,000? Carrig: I wish I could answer it. I do not know. Grosser: A further question. If this land is unsuitable for 15,500 and must revert to 30,000 sq.ft. lots, it seems rather clear then that it might not be a very profitable venture, and it would follow that the pur- chase of the ground by the petitioner is a good way of getting out of an area that has the possibility of Route 3 going through the 7-1/2 acres. Lynch: I think the gentleman is confused. Mr. Houdlette is on the Board? Houdlette: It will not go anywhere near it. If Rte -3 crosses the Concord Turnpike it will cross at the Arlington -Lexington line. Frederikson, 48 Golden Ave. This is the second time .we have been up here. Three years ago I bought a lot of land and built a home, with the idea that it was to be strictly a residential section. We invested every penny we had in this piece of land. We moved into Lexington and think the neigh- borhood is very nice and we sure liked the idea that it is a strictly resin dential section. First it is a Stop & Shop and now it is a hospital. I am here to oppose it. Locke: I think we should limit our conversation at this point to questions. Peterson, 9 Bowman St. I would like to know who is going to build the roads for this hospital and keep them up and do the snow removal Lynch: The Fathers will build and maintain their own roads. Grosser: A further question of fact. Will the Board tell us what is con- sidered chronic diseases? I Locke: You can answer that just as well as I can. 281 Locke: Any other questions? There will now be an opportunity for anybody to be recorded in favor. The following wished to be recorded as being in favor: F. V. White, 50 Gleason Rd.; Mr. Dowd, 7 Lexington Ave.; Thomas A. Napoli, 73 Middle St.; Mr. Murray, 6 Highland Ave. - Mr. Locke: Before these names are recorded, how many live within a quarter mile of this property? Six. A. J. Brock, 4 Watertown St.; Mr. Driscoll; Mr. Buckley, 22 Grant St.; J. W. Toulan, 1 Great Rock Rd.; W. Madden, 955 Mass, Ave.; A. J. Moll, 25 Dawes Rd.; M. J. Spinelli, 32 Buckman Dr.; J. J. McGrory, 2 Great Rock Rd.; Gaziano, 76 Buckman Dr.; Mrs. Madden, 955 Mass. Ave.; Resident, Nowers Rd.; Barker, 158 Mass. Ave.; Dr. Cosgrove, 25 Hancock St.; T. F. Connors, 2151 Mass. Ave.; Baldwin, 49 Follen Rd.; Mrs. Napoli, 73 Middle St.; Mrs. Baldwin, 49 Follen Rd. - Mr. Locke: Anyone else in favor? Now an opportunity for those who wish to be recorded in opposition. Mary Cunningham, 47 Golden Ave. Mine is the last house in Arlington but I have a back yard in Lexington. Have I a right to speak? Mr. Locke: I think you have if you own property in Lexington. I do not think anybody should be prevented from speaking, but I do not think you should be recorded. I rather think we should limit this to Lexington residents. The following wished to be recorded as in opposition: Charles Gragg, 87 Hancock St.; E. Dahlstrom, 49 Golden Ave.; J. H. Peterson, 9 Bowman St.; Mr. Dahlstrom, 49 Golden Ave.; K. G. Frederikson, 48 Golden Ave.; Mr. Cunningham, 47 Golden Ave.; Mrs. Frederiksen, 48 Golden Ave.; A. M. Eames Jr., 2 Briggs Rd.; H. P. Baldwin, 1 Briggs Rd. A. D. Ritchie, 11 Crescent Rd. In opposition. I have a petition here which I would like to present to the Board, objecting to the building of anything other than a dwelling. (lir. Locke read the petition, signed by 23 persons.) Mr. Chairman, may I say that I purchased a piece of land there with the un- derstanding that the Town Fathers would protect us there as a residential community. Are the Town Fathers going to go back and allow something else to come in? A while ago we had to fight against a super -market. The following in opposition: Dorothy Dolloff, 41 Watertown St.; Betty L. Dollodf, 41 Watertown St.; P. R. Katz, 6 Crescent Rd.; K. R. Kelly, 7 Bow- man St.; F. J. Lowes, 15 Crescent Rd.; George A. Zwicker, 17 Bowman St.; Lila D. Mason, 46 Watertown St.; J. D. Ryan, 32 Watertown St.; Mrs. Baldwin, 1 Briggs Rd.; Mr, Mason, 46 Watertown St.; Mrs. Ritchie, 11 Crescent Rd.; George Hansen, Jr., 12 Crescent Rd.; J. A. LaRoche, 21 Crescent Rd.; G. F. Fortunato, 11 Bowman St.; 8 Crescent Rd. Abuttor: Are you accepting that petition? 232 4-4-54 Locke: The Board will give it consideration. Abuttor: Did I not understand that you said you would not give it consid- eration? Mr. Katz, 6 Crescent Rd. Those names are clearly in opposition. The mere fact that they used a certain phraseology does not matter. Is there a particular date line for the signing of this petition? Locke: The thing is not determined by the number of people who signed the petition. It is all taken into consideration. Abuttor: on behalf of the resident in Lexington and the neighbors on Golden Ave. I request that the petition be filed promptly. R. W. Thwing, 3 Crescent Rd.; R. W. Stevenson, 22 Crescent Rd.; Mrs. Steven- son, 22 Crescent Rd.; Antonucci, 16 Green Lane; Mrs. Harlow, 5 Crescent Rd. opposed. In favor - Mr. Griffen, 16 Watertown St. Locke: Have the members of the Board any questions? Mr. Lynch, have you anything further to offer? Hope A. Lynch, 56 Watertown St. I would like to know if the Board is empowered to explain to the neighbors all the distasteful things about a hospital? , Locke: The Board has nothing to do with the people's opinion. I do not think the Board should be expected to discuss that. You may raise any points Mrs. Lynch: I would like to raise these points. I would like to know how many patients? Mr. Lynch: 100. All of whom will be men. It may help to know that any hospital that comes into Town is under the supervision of the State, Lex- ington Board of Health, and the Fire Dept. The permit which any nursing home must have is under State control. Mrs. Lynch: We ought to look into the future and see that the hospital might be outgrown and be used for something else, and we who have our homes opposite the area might be faced with something else. Locke: Any other use of that building would have to come before the Board again. Betty Dolloff, 41 Watertown St. I would just like to say that E have been a resident for a number of years in Lexington. I think everybody loves the town and why do we have to bring such a hospital in Lexington? I would like to see Lexington stay the way it is. A. R. Ferrera, 16 Bowman St. I wish to register in opposition because I do ' not believe it is to the best interests of the people of Lexington. I be- lieve that the people can best derive benefit as a residential lot. I think 283 4-4-54 they could find a different site in Lexington for that purpose. A hos- pital should have a lot of things that land does not give. In my opinion it is not a good site for a hospital, although I recognize the goodness of the people who will run it. I think the Town will lose from it. Mr. Grosser: I would be pleased to look at the map. There is a civic association known as the Town Affairs Group, of which incidentally I am president. The Group has empowered its Board of Directors to record by majority vote how we feel on this subject, and for reasons already ex- pressed at this meeting, the Town Affairs Group wishes to be recorded in opposition. Locke: Anyone else wish to speak? Abuttor: What limits the hospital to 100 patients? They say now they will have 100 patients. How do we know they won't have three or four hundred patients? Locke: Any other questions? Abuttor: Is it more of a convalescent home than a hospital? Locke: I did not get that impression. I think it would be for critically ill persons. Lynch: I think it is a shameful thing to suggest that an old man should be ' a maisance. Not one single reason has been given to deny this petition by the Board. They say that they do not want a hospital here but they send their sick to Symmes and Emerson and God forbid that they should deny a hos- pital in Lexington. Abuttor: Maybe he was afraid that they would be straying on to the turn- pike and be run over. He made the statement that this was a 100 -bed hos- pital for chronically ill and sick men. Lynch: This lack of Christian charity shows a very cheap town. (Chorus of "No" from the assembled persons) Abuttor: Mr. Lynch, just what are critically ill patients? Maybe the Brothers would tell us what the patients are going to be. Lynch: When a patient is incurably ill I do not think there should be any doubt as to that. Abuttor: Mental? Alcoholic? Lynch: No. Grosser: Mr. Lynch is an excellent attorney and I think it would be rude of us to ask who is paying his fee for appearing here. Lynch: I am very glad that he said that. The Fathers of St.Camillus asked me to represent them and I do not get five cents for representing the Fathers here tonight. 284 4-4-s4 Locke: I am sorry that this,is getting so emotional. What additional ' facts can be brought out? Grosser: He underestimates the intelligence of his neighbors. May I Point out - 1. The Carrig interests own this land. 2. They find it difficult to turn over for real estate. 3. They know very well that the relocation of Rte. 3 is going right through this 7-1/2 acres. Mr. Carrig knows that if the State takes over the land he will get peanuts. This would be non-taxable property. I think the people of Lexingtonwould not mind 14 houses going in there, with a tax coming in. Lynch: The points this gentleman raises are no argument. Why Mr. Carrig wishes to sell this land is not being brought up this evening. Harlow: I would like to know whether the laws in Lexington have been changed. I would be interested to know. Abuttor: I would like to ask Mr. Lynch what is the matter with all that land opposite the St.Camillus Church,'? Lynch: I do not know. Locke: Anyone else wish to speak? Abuttor: I would like to say one thing; that Mr. Lynch jumps to a conclu- sion in assuming that the people of this district do not want a hospital. ' There may be a need for a hospital in Lexington and if another location is chosen it might be opposed, but there may be, and probably will be, a location in town where the hospital might be more suitably located. My only reason is purely because I think the land should be kept as it was originally intended to be, for residential property,,which of course will benefit the town financially. Locke: I think the Board has given fair and complete consideration to this matter, and we will now close the hearing and take the matter under consideration. Hearing closed at 9:10 p.m. Muriel G. Stone Clerk