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ij <br />1 <br />12 d <br />BOARD OF APPEALS DENIAL <br />The Board of Appeals, acting under the Lexington Zoning <br />By-law and General Laws, Chapter 40, Sections 25 to 30A as <br />amended, having received a written petition addressed to it <br />by Joseph F. Kelly <br />a copy of which is hereto annexed, held a publi{s hearing thereon <br />of which notice was mailed to the petitioner an to the owners <br />of all property deemed by the Board to be affected thereby at <br />they appear on the most recent looal 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 Room, <br />in the Town Office Building on April 4, 1947. <br />Three regular and two associate <br />Members of the Board of Appeals <br />were present at the hearing. A certificate of notice is hereto <br />annexed. At this hearing evidence was offered on behalf of the <br />petitioner tending to show: That the petitioner wished to erect on <br />the premises owned by him, a building, on Lots 62 and 63 Sherburne <br />Road, Lexington as shown on plan entitled "Proposed Sub -division <br />of Land in Lexington, Mass. Belonging Principally to Lexington <br />Estates Trust, dated March 1940 by Rowland H. Barnes & Co., Civil <br />Engrs. He stated that the building would be constructed on a re - <br />enforced concrete mat 4" thick with grade beams 181" by 12" around <br />the perimeter of the entire building; that the foundations would <br />not be in accordance with the Lexington Building By-law but* (over) <br />Evidence was offered on behalf of citizens opposing the <br />granting of the said petition tending to show: <br />No-one appeared in opposition. <br />At the close of the hearing the Board in private session <br />on April 10, 1947 gave consideration to the subject of <br />the petition and voted unanimously in favor of the following <br />findings: <br />1. jPh +rr-ii ss- n rb--the -puirlr.-u, <br />wrrl+ ne b -bvabrsrs _ ___ _ _?-kyr-sary ed -bT elm- mn is mT-ar trnr vxu'e71t-rub <br />requeete+6 <br />2. That the exception requested will tend to impair the <br />status of the neighborhood. <br />3. That the exception requested will not be in harmony <br />with the general purposes and intent of the regulations in the <br />Lexington Son* S--B7wtaw: Building By-law. Building <br />4. That the enforcement of the Lexington Benfng Hy -law as <br />to the locus in question would not involve substantial hardship <br />to the petitioner, and the relief requested could not be grantlu <br />without substantial detriment to the public good and withoiv., <br />substantially derogating from the intent and purpose of such <br />Lexington ZanliM By-law. <br />Building <br />