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RAI <br />• <br />Upon motion of Mr. Lombard, seconded by Yr. Locke, <br />it was unanimously voted to grant the Napoli petition <br />in the following form: <br />BOARD OF APPEALS FERGSIT <br />The Board of Appeals, acting under General Laws, <br />Chapter 40, Sec. 27, having received a written petition <br />addressed to it by Frank A. Napoli, a copy of which is <br />hereto annexed, held a public hearing thereon of which <br />notice was mailed to the petitioner and to the owners <br />of all property deemed by the Board to be affected thereby <br />as they appear on the most recent local tax list and also <br />advertised in the Lexington Minute -Man, a newspaper published <br />in Lexington, which hearing was held in the Selectmen's <br />Room, in the Town Office Building on the 4th day of Sept- <br />ember, 1942. <br />Three Associates and two members of the Board of <br />Appeals were present at the hearing. A certificate of <br />notice is hereto annexed. At this hearing evidence was <br />offered on behalf of the petitioner tending to show: <br />That he wished a permit for a period of one year <br />expiring on May 8, 1943 to conduct a roadside stand on <br />property of Frank A. & Mary Napoli, located on Marrett Road • <br />and Middle Street; that there had been no changes made in <br />connection with the existing roadside stand and that there <br />had been no parking of automobiles on Marrett Road. <br />No evidence was offered in opposition. <br />At the close of the hearing the Board in private <br />session on September 4, 1942 gave consideration to the <br />subject of the petition and voted unanimously in favor <br />of the following'findings: <br />1. That in its judgment the public convenience and <br />welfare will be substantially served by the making of the <br />exception requested. <br />2. That the exception requested will not tend to <br />impair the status of the neighborhood. <br />3. That the exception requested will be in harmony <br />with the general purposes and intent of the regulations in <br />the Lexington Zoning By-law. <br />4. That using to conditions especially affecting the <br />said parcel but not affecting generally the Zoning district <br />in which it is located, a literal enforcement of the pro- <br />visions of the Lexington Zoning By-law as to the locus in <br />question would involve substantial hardship to the pe- <br />titioner and that desirable relief may be granted without <br />substantially derogating from the intent or purpose of <br />such Lexington Zoning By-law. <br />