1966-04-05 - Laserfiche WebLink

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JOHN AND ROSINA BUSA April 5, 1966 Mr. Nickerson read the notice as it had appeared in the Lexington Minute -man of March 17 and 24, 1966, after which he asked if anyone wished to speak in favor. No one wished to speak in favor. When asked if there were objectors, Mr. Richard A. Meaney, attorney representing the Monahan family who resides across the street at 51 Lowell St., spoke as follows: Meaney: Mr. Nickerson, you have read the notice as published according to law. It would behoove the Board to take a look at the Permit as issued on March 31, 1964. I would like to quote from it: ". . . to continue to sell farm and nursery products raised on land owned by petitioners from packing room portion of farm buildings situated at 52 Lowell St. . -" I suggest that within the last two years the stand on the premises of the Busas is not located in the packing room portion of the farm buildings as presented by Mr. Busa at the hearing held March 1964, but the stand is now located and has been located in the garage adjacent to the packing room on said premises, therefore I would contend that for this first reason the Permit be not renewed. Mr. and Mrs. Busa have.not conducted themselves as to the specific terminology of the Permit. Second, here the notice.as published varies in, terminology from the notice which was published in. 1964. That notice referred to packing room portion whereas the notice this year doesn't refer to this terminology. I would question the fact that since the Permit was issued -in 1964 according to the amended Sec. 14 (f) of the Lexington Zoning By -Law for a two-year period, and since this terminated on March 31, why you are now sitting on a hearing for a renewal of said Permit. I would contend that this Permit expired and according to law Mr. and Mrs. Busa must now approach you people for a new Permit and not a continuation of that issued March 31, 1964. Specifically referring to the Permit which was granted, and which specifically refers to ten items which the Busa's must, in conducting their business, live up to, I would again like to point the Board's attention to several of the subsections. No. 3 specifically states that only one sign shall be used and that on the front of the building (the building refers to the packing portion), and shall read "Sun Valley Farm." I con- tend that the sign that now exists, a copy of which is attached to the affidavit, does not contain the words "Sun Valley Farm" but contains the words "Sun Valley Farms." This is only a technical difference of one letter "s" but you will have to agree that the law is very specific. I also contend, and my clients will contend, that during a portion of the year, namely the summer months, that various other signs are added refer- ring to vegetables that are for sale. Subsection 4 as typed on the form states that "no sign shall be located on Lowell St." Our clients contend that signs are located on Lowell St. during the summer months referring to the vegetables for sale.