1940-06-07 - Laserfiche WebLink

Browse Search

144 Md annexed, held a P � 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 -Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the 7th day of June 1940. One Associate and two members of the Board 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: That the request under this petition was identical, with the exception of minor architectural changes, to that of the petition presented at the hearing held on Aug- ust 4, 1939. Evidence was offered on behalf of those opposing the petition tending to show that the existing theatre faci- lities in the Town are adequate and that there would not be sufficient patronage to maintain both the exist- ing theatre and the propesed one. At the close of the hearing the Board in private ' session on June 7, 1940 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 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 provisions of the Lexington Zoning By-law as to the locus in question would involve 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 un- animously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Daniel J. O'Connell to erect a theatre on property located at the rear of 1775 Mass. Ave. and to