1946-07-31 - Laserfiche WebLink

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102 BOARD 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. and Mary 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 bhe Board to be affected thereby as they appear 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 the 18th day of July, 1946. Two regular and one Associate (two additional members read the records of the hearing) members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annex- ed. At this hearing evidence was offered on behalf of the petition- er -tending to show: That they wished a permit for a period of one year expiting on July 18, 1947 to conduct a roadside stand on property of Frank A. and Mary Napoli, located on Marrett Road and'Middle Street; that there had been no changes made on con- nection 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 July 18, 1946 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 ans welfare will be substantially served by the making of the exception requested. 2. That the exception requested will not tend to imapir 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 Lex- ington 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 previsions of the Lexington Zoning By-law as to the locus in question would invlove 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 Lexington Zoning By-law 1 i 1