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HomeMy WebLinkAbout1930-06-11 t � BOARD OF APPEALS MEETING JUNE 11, 1930. A meeting of the Board of Appeals was held at the Selectments Room, Town Office Building, at 8 P.M. Messrs. Maddison, Glynn, Custance, Slocum.and Baldrey were present. The secretary, Helen C. Whittemore was also present . Town Caunsel,Sydney R. Wrightington, came before the Board to discuss with them matters relating to Opinion re roadside stands. The Town Counsel advised the roadside Board that any owner of a roadside stand which was stands. in operation previous to 1924 did not have to apply for a yearly permit under the Zoning .Law. He also advised that he felt the Board of Appeals could in their discretion, advertise a hearing each year on the application for the roadside stands or they Could simply renew the permit, just as they saw fit. In regard to the records of the meeting of June 6, 1930, it was voted to correct the record stating that Mr. Neil McIntosh did not object to Records II the stand being erected. Mr. McIntosh's letter did not approve of the stand nor did he disapprove . The Board reconsidered t passed p seed at the meeting June 6th in regard to the petition of Boinay Joseph V. Boinay, inasmuch as the notices were not petition. sent regarding the hearing to be held on. the. Boinay application. It was voted to hold the hearing on the ap lication. an Friday,. June 2.7, 1930 at 8 P.M. The Board considered the application of Frank A. & Mary Napoli and passed the following order regarding same: The Board of Appeals, acting under General Laws, Chapter 40, sec. 27 , having received a written petition addressed to it by Frank A. & Mary Napoli a copy of which is hereto annexed, held a public Napoli hearing thereon of which notice was mailed to the Order. petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear bn the most recent local tax list , and also advertised in the Lexington Times-Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room in the Town Office Building on Friday, the sixth day of June, 1930 at eight o'clock P.M. A majority • of the members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At thil hearing evidence was offered on C,0 470behalf of the petitioner tending to show that they own a parcel of land at the junction of Cz7 Middle Street and Marrett Road approximately fourteen acres; That they had maintained a roadside stand for the past two years selling the products from their land and if granted a permit to have a roadside stand would sell nothing but the products of the land, and evidence was offered on behalf of citizens opposing the granting of the said petition tending to show ; That in their opinion traffic conditions were bad at this point and they felt t h..t a stand, particularly of a permanent nature , would .be a detriment to the neighborhood. At a subsequent meeting held on Wednesday, June 11, 1930, at which the full Board was present in private session 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 reqqested. 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 the enforcement of the Lexington Zoning By-law as to the locus in question would involve practical difficulty and unnecessary hardship and the relief requested may be granted without substantially derogating from the. intent and purpose of_ such. Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as. may be necessary to permit Frank A. and Mary Napoli to maintain a temporary roadside stand on the Marrett Road front of their land located on Marrett Road and. Middle Street for the purpose of selling only the products grown on their own land in the Town of Lexington and that said stand be set back from the property line on Marrett Road at least thirty (30) feet, they to provide sufficient parking space for automobiles to prevent traffic congestion on Marrett Road; this permit to expire June 11, 1931. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and dire*ts that this record immediately following this decision shall be filed in the office of the Town Clerk of Lex- ington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. Board of Appeals of Lexington (Appointed ,under G. L. Ch. 40, sec. 27 ) Arthur N. maddison C. Edward Glynn Roland W. Baldrey Curlys L. Slocum Theodore A. Custance. I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws Chapter 40, section 27, hereby certify that I sent by registered mail on May 20, 1930 to Marie. L. Baker, Bertha S. Carson, Alexander Holmes,. Annie R. Kussian, John & Ella M. Jack, Mable B. Wescott, Edgar F. Scheibe, Robert J. Fawcett,, Louise M. Hannaford, Russell Bray, John C. Phelps, Richard. Whittemore, Helen B. Sarano, Charles H. Miller, Thomas J. & Jennie Heaney, Lillian L. Granfield, Gertrude E. Chase, Lillian J. Pratt, Hugh & Sadie McIntosh, Elisa Lamont, Charles W. Ryder, Clyde E. Steeves, et ale, Robert H. Storey, Helen M. MacArthur, Elmer G. Spinney, George R. & Helen Munroe, Neil McIntosh,. Margaret R. R. Walker, James A. Bailey, William. E. & Edyth W. 3 livan, Caroline 0. Olsen, Charles R. & Mary V. Neskey, Agnes B. Carpenter, Helen M. & Clarence W. Mason, Bertha A. Lawson, John E. & Alice M. Chism, Albina M. Marble, David & Grace Davies, Katherine E. Crosby, Margaret R Merrick, Annie H. Cheney, George E. Smith, Annie E. & Mary J. Marshall, Saunderson H. Dunlop, Charles E. McLaughlin, Lillian L. Stimpson, Richard & Electa M. Lamb, Jane F. DeLesdernier, Kathleen M. Daley, Fred A. & Lizzie B. Hopkins, George R. England, Roy R. Rice, Christine A. Gramstorff, Raymond L. & Anna White, Walter C. & Florence M. Boone, Patrick & Helen MacKino, Edwin H. & Mary E. Halverson, Arthur F. Colby, John J. Scannell Timothy Brosnan, Raymond E. Maclnnis, Dolores Maclnnis Harriett L. Jenks, Ernest P. Crozier, Harriett F. Crozier, Watertown Cooperative Bank, Raymond W.& Lillian K. Brown, Edward C. & Helena Maguire, Leonard S. & Margaret Cress, Ethel M. Clemuer and Frank A. & Mary Napoli and also published in the Lexington Times-Minute Man on May 23, 1930 a notice of which the following is a true copy. Rol Baldr Clerk. 8 May 17, 1930. Board of Appeals under the Lexington Zoning By-law 11 Town Office Building Lexington, Mass . Gentlemen: The undersigned proprietor of the premises at Middle Street, Lexington, Massachusetts, hereby makes application under section 9 (f) of the Lexington Zoning By-law for a permit for a roadside stand on the Marrett Road front of said premises for the sale of only the products of the land of the undersigned within the Town. Yours sincerely, Frank A. Napoli NOTICE Lexington, Mass. May 20, 1930. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of the property situated on Middle Street near its junction with Marrett Road and owned by Frank A. & Mary Napoli under Section 9 F of the Lexington Zoning By-law for a permit for a roadside stand on the said premises for the sale of only the products of the land and in accordance with Chapter 133 of the Acts of 1924. The hearing will be held on June 6, 1930 at the Selectmen's Room, Town Office Building at 8:00 P.M. Arthur N. Maddison, Chairman Board of Appeals. The Board considered the application of Salvatore Ricci of Waltham Street, and voted to pass the Ricci following order: order. The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received a written petition addressed to it by Salvatore .Ricci, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed L__ 49 by the Board to be affected thereby as they appear on the most recent local tax list , and also advertised in the Lexington Times-Minute Man, a newspaper published in Lexington, which hearing was held in the Selectmen 's Room, in the Town Office Building on Friday, the sixth day of June, 1930 at eight fifteen o 'clock P.M. A majority of the 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 Mr. Salvatore Ricci had leased from Alfred L. Short a portion of his land on Waltham Street near the Walthem line and desired to use the same for a roadside standfor the sale oily of the products of the land owned by said Ricci in Lexington, and no evidence was offered on behalf of citizens opposing the granting of the said petition. At the close of the hearing the Board in private session 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. Thab 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 the enforcement of the Lexington Zoning By-law as to the locus in question would involve practical difficulty and unnecessary hardship and the relief requested may be granted without sub- stantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings., the Board hereby unanimously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Salvatore Ricci to maintain a temporary roadside stand on property owned by Alfred L. Short and leased to said Salvatore Ricci on Waltham Street near the Waltham line at or about the junction of what was formerly the old county road for the sale only of the products of the landowned by said Ricci in Lexington on the following conditions : That said stand will be set back twenty feet from the line of Waltham Street; 50 csn Thati no and thattnieid anion be he Old uovnty Road pn� on o near its junction with Waltham Street be kept Cz7 in condition to park automobiles in such manner as will prevent traffic congestion on Waltham Street. The Board hereby makes a detailed record of all its proceedings relative to each petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. Board of Appeals of Lexington (Appointed under G. L. Ch. 40, sec. 27) Arthur N. Maddison Roland W. Baldrey C. Edward Glynn Curlys L. Slocum Theodore A. Custance. I, Roland W. Baldrey, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, section 27, hereby certify that I sent by registent mail on May 21, 1930 to Alfred L. Short, Isabella Fardy, Antonio J. Lima, Ethel L. Dailey, Jeanette M. Lawrence, Louis H. Lawrence Adm., Giovanni Ricci, Margaret R. Wright, Frank Dias, Jobb Dias , Jr. William. & Ruth Greer, Ambrose A. Bailout John F. Holdway, Leneler F. Pope et al and Salvatore Ricci and also published in the Lexington Times Minute Man on May 23, 1930 a notice of which the following is a true copy. Roland W. Baldrey, Clerk May 20, 1930. Board of Appeals under the Lexington Zoning By-law Town Office Building Lexington, Mass . Gentlemen: The undersigned proprietor of the premises at Waltham Street, Lexington, Massachusetts, near the Waltham line, hereby makes application under Section 9 (f) of the Lexington Zoning By-law 51 for a permit for a roadside stant on the said premises for the sale of only the products of the land leased by the undersigned within the Town. Yours sincerely Salvatore Ricci (signed) NOT I C E Lexington, Mass . May 20, 1930. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting the use of the property situated on Waltham Street near the Waltham line on property owned by Alfred L. Short and leased by Salvatore Ricci, under Section 9 F of the Lexington Zoning By-law for a permit for a roadside stand on the said premises for the sale of only the products of the land and in accordance with Chapter 133 of the Acts of 1924. The hearing mill be held on June 6, 1930 at the Selectmen's $oom, Town Office Building, at 8:15 P.M. IIArthur N. Maddison, Chairman Board of Appeals. The meeting adjourned at 10 P.M. A true record, Attes erk.