1935-06-28 - Laserfiche WebLink

Browse Search

139 ' on the property and therefor could not be regarded as the owner and that the matter would be entirely different if furs. Baker had a lease. He stated that on a foreclosed mortgage, the mortgagee has the title to the property, but the mortgagor has six months in which to redeem the property. He thought that inasmuch as the stand was built before the Zoning By -Law went into effect and the permit hay been granted, it really should go with the land and not with the owner. Mr. Ferguson stated that before a decision was reached, he thought he would like to see how much land the Baker's were going to cultivate for if they were going to farm on1v a very small area, he did not feel that the permit should be granted. The Board felt that there was a question as to the owner of the property and that if a permit were granted to Mrs. Baker at this time and if the title reverted back to the Hannaford's, that Mrs. Baker would have been put to unnecessary expense. The Board voted unanimously to deny the petition in the following form: The Board of Appeals, acting under General Laws, 8hapter 40, see. 27, having received a written petition addressed to it by Bessie Baker 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 apLear 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 June 28th, 1935. All of the members of the Board were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on be- half of the petitioner tending to show: That she occupies the property formerly known as the Bray property adjoining* 553 Marrett Road; she presented a letter from John Waugh who claimed to he the owner of the property on Marrett koad, giving her permission to plartthereon until fall, 1935, to raise vegeta}-Iles and to use the small building on his land; that she raised produce on both properties and desired a permit for a roadside stand to sell the same. Evidence was o*fered on behalf of citizens opposing the granting of the sdid petition tending to show that there was some question as regards the ownership of the property at 553 Marrett Road. At the close of the hearing the Board in private session June 28th, 1935 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.