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HomeMy WebLinkAbout1944-05-12 UI BOARD OF A1JPEALS MEETING . Lay 12, 1944 A meeting of the Board of Appeals was held in the Select- men' s Room, Town Office Building on Friday, Lay l2, 1944 at 8 00 P. M. Chairman Glynn, Messrs. Locke, Bowker, Nickerson and Associate Member Brown were present. The Clerk was also present. The records of the meeting held on April 7, 1944 were declared approved. At 8 00 F M. hearing was declared open upon the peti- tion of Frank A. Napoli for a renewal of his permit to main- tain the existing roadside stand on Marrett Road. Mr. Napoli appeared in favor of the granting of the petition. No persons appeared in opposition. The Chairman asked if there were any changes in the stand and Mr. Napoli replied in the negative. He said that no changes were contemplated. The Chairman asked Mr. Napoli if he intended to sell only produce grown on his land and he replied in the af- firmative. The hearing was declared closed at 8 03 F . M. Mr. Napoli' s petition was for the renewal of a permit • which has been granted for seven or eight years and Mr. Napoli has always lived up to his obligations. Upon motion of Er. Bowker, seconded by Mr Brown, it was unanimously voted that the petition of Frank A. Napoli be granted in the following form BO ,RD OF APPEALS PERMIT The Board of appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Frank A. Napoli 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 list and also advertised in the Lexington Minute-Lan, a newspaper published in Lexington, which hear- ing was held in the Selectmen' s Room, in the Town Office Building on the 12th day of Lay, 1944. One Associate anu four members of the Boa d 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 112 That he wished a permit for a period of one year, expir- • ing on May 8, 1945 to conduct a roadside stand on the property of Frank A. and Mary Napoli, located on Marrett Road and Middle Street , that there had been no changes made in connection with the existing roadside stand and that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close of the hearing the Board in private session on May 12, 1944 gave consideration to the subject of the petition and voted unanimously in favor of the fol- lowing findings 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception requested. 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 pro- visions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the peti- tioner and that desirable relief may be granted without4110 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 Lexing- ton Zoning By-law is hereby varied so far as may be neces- sary to permit Frank A. Napoli to maintain a temporary road- side stand on Marrett Road on the land of Frank A. and Mary Napoli, for the purpose of selling only the products grown on their land in the Town of Lexington, and that said stand be maintained on the location as now exist- ing, they to provide sufficient parking space for automo- biles to prevent traffic congestion on Marrett Road , this permit to expire May 8, 1945. 4111 113 4110 The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony pre- sented at the said hearing, including that herein sum- marized, and directs that this record immediately fol- lowing this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws) C. EDWARD GLYNN ERROL H. LOCKE D. E. NICKERSON J. MILTON BROWN '''INTHROP H. BOT,I;ER I, Hazel J Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 27th day of April, 1944 to Frank 4110 A. Napoli, John Waugh, Charles W. & Mary Fittz, Norvel K. Chapman, Robert P. Trask, Thomas J & Jennie Heaney, Robert J Fawcett, Earl V. Olson, Raymond L. & Anna S. White, Neil McIntosh, Edwin H. & Mary Halvorsen, Patrick & Helen Mackino, Maurice S. & Gladys Hutchins, William A. Melby and Pasquale Pantela, Emily R. Scheibe, Marie A. Miller, Ralph M. & Eleanor Blair, Alma S. Hammond, Wilbur Fletcher, Thomas D. & Elizabeth Warren, Ernest E. & Catherine Rogers and Mary B. Thurlow, and also advertised in the Lexington Minute-Man on April 27 , 1944, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals April 25 , 1944 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen The undersigned hereby petitions the Lexington Board of Appeals , appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of Section 9F of the Lexington Zoning By-law with respect 1110 to the premises at Marrett Road, owned by Frank A. and Mary Napoli of 23 Middle Street by permitting the follow- ing, Maintenance of the existing roadside stand for the sale of farm products produced on the land. Frank A. Napoli 23 Liddle St . Lexington, Hass. 114 NOTICE • Lexington, Mass. April 27, 1944 The Board of Appeals will hold a hearing on the matter of verying the application of the Zoning By-law by permitting on the premises owned by Frank A. and Mary Napoli, and located at Marrett Road about two hundred feet northwesterly from the corner of Middle Street, Lex- ington, the maintenance of the existing roadside stand for the sale of produce grown on the premises, under the Lex- inton Zoning Ny-law and in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws and amend- ments. The hearing will be held on May 12 , 1944 at 8 00 P.M. in the Selectmen' s Room, Town Office Building, Lexington, Mass. C. EDWARD GLYNN Chairman, Board of Appeals The meeting adjourned at 8 06 P. M. A true record, Attest 9 ay/ 1 'Tv. Murray r4110 at Clerk, Board of Appeals 4111