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1963-08-12
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1963-08-12
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Zoning Board of Appeals
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Zoning Board of Appeals
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BA-1 to BA-12, Board of Appeals Minutes, 1929-1985
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can certainly find the right word. We have done much thinking on this <br />from the point of believing that a roadside stand should not be part <br />' of our retail business - this should be done in retail stores. Now, <br />that the Planning Board has this thinking, and as far as I am concerned <br />this is their department, and if they believe this way certainly I <br />would agree with their thinking, and in writing or rewriting the zon- <br />ing by-law believe they would have the right terminology and come up <br />with a zoning change that would legally cover this. <br />Reed, Selectman: I am a neighbor of this stand of Busa's and the <br />thing Mat bothers me is that this is a personal grudge. This stand <br />really does very little business - not more than three cars at one time. <br />The thing is going to take care of itself in time - this is the last <br />year for Busa on Grant Street. <br />CIr�: (Planning Board) From the point of view of the Board of <br />Appeals they can only grant a permit if they,are really satisfied they <br />are selling only products produced on the farm. <br />Reed: Time is going to take care of roadside stands. They are <br />limiteUnow. <br />Nickerson: Millicans - there is an emporium of no mean size. <br />Davenport is apparently over in a corner -and is conducting a good busi- <br />ness. _ <br />Mabee: I think this thing should be liberalized as the Board will <br />have to do the mechanics on it. Just give us sounthing to go on. Ii <br />your senior board agrees with the second recommendation, to liberalize, <br />it will have to decide and tell us that we should get on our horse and <br />the Planning Board have a hearing and present this new article. <br />?: Maybe Town Counsel has.something to say on this. <br />Donald Legro, Town Counsel: This.is. a question I really don't <br />want to answer, ut I think it is an illusion to think that liberaliz- <br />ing by way of defining the products or the volume of products or the <br />percentage of products is going to -be any answer. I -think Mr.-Irwin's <br />survey is an indication of this. Some would not state, some stated <br />50%, some 85% or 90%. I think your problem of enforcement is going to <br />be greater than it is now. If it is -in the public interest to do so <br />it is perfectly permissible on a renewal request to state that the per- <br />mit was violated and deny it. I don't think you are going to be in,a <br />position to say whether there is a preponderance or 50%. It is going <br />to be a matter of determining how much is involved. <br />Nickerson: Under 14 F we can grant yearly permits only to road- <br />side sta s "for the sale only of products of land of the owner of the <br />stand that is within the Town.rt They can't be wrong unless they have <br />violated the permit. If they sell one item that is not grown in Lex- <br />ington they are in violation and the Board could go in and say rtYou <br />are wrong.'} When you come in for a'renewal and ten conditions have <br />been set down and objectors clearly show that eight conditions have <br />not been lived up to, and we issue a permission, we are double talking. <br />If we deny this one what are we going to do with the next one that <br />
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