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1973-07-17
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1973-07-17
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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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I 1 <br />1 <br />1 <br />July 17, 1973 hearings continued <br />Page 2 <br />voting in favor of the petition; Mr. Nickerson, Dr. Wadsworth and Airs. Morey <br />voting in opposition to the petition. Findings are as follows: <br />That the permission requested will not be in harmony with the general purposes <br />and intent of the regulations in the Lexington zoning by-laws. (Under section <br />12.2 "special permits may be granted when in the judgment of the Board of <br />Appeals the public welfare and convenience will. be substantially served <br />thereby"..) <br />That the enforcement of the Lexington Zoning by-law as to the matter in <br />question would not involve substantial hardship to the petitioner. The 7500 <br />sq. ft. originally granted "to store and sell in conjunction with the opera- <br />tion of a nursery at 93 Hancock St., all of -the supplementary items specified <br />in the subsection 24.5" is deemed to be adequate for this operation. <br />This petition for a special permit has been denied. <br />Robert 0. Tillinghast - Denied unanimously. Appended to the denial were copies <br />of letters from the petitioner, the architect, the planning board and the <br />building inspector. Findings are as follows: <br />"The Board of Appeals may permit a non -conforming use (under section 30) to be <br />changed to any specified use not substantially different in character or more <br />detrimental or objectionable to a neighborhood but it unanimously considers <br />that this use is different in character and agrees with the evidence contri- <br />buted by the abutters that it could be objectionable and detrimental to the <br />neighborhood. In its judgment the public convenience and welfare will not be <br />substantially served by the granting of the permission requested. The per- <br />mission requested may tend to impair the status of the neighborhood. The per- <br />mission requested will not be in harmony with the general purposes and intent <br />of the regulations in the Lexington zoning by-laws. The enforcement of the <br />Lexington zoning by-law as to the matter in question would not involve sub- <br />stantial hardship to the petitioner since he has only purchased an option. <br />It is the unanimous opinion of the Board of Appeals that a zoning change of <br />this magnitude should be decided by Town Meeting." <br />All pertinent material is on file under the name of each petitioner in <br />the Board of Appeal's office. The meeting adjourned at 11:05 p.m. <br />(�IrL <br />Evelyn F. <br />Clerk <br />Cole <br />
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