1938-04-15 - Laserfiche WebLink

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129 BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by H. Angus Conners, 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 listsnd 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 15th day of April, 1938. All of the 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 made an arrangement with the Burbrec Nurseries, Inc., whereby he could stock the brook running through the premises of Joseph Breck & Sons, located in the rear of 1265 Mass. Avenue, and desired to use the pond and brook for fly casting for trout, charging a fee depending on the fish caught and also desired to use the building formerly used as a tea room in connection with the fishing privileges. No one appeared in opposition. At the close of the hearing the Board in private session on April 15, 1938 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. 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 said Lexington Zoning Bylaw is hereby varied so far as may be necessary to permit