HomeMy WebLinkAbout1930-06-11.
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., Cus.tante,. Slooum_and.Baldrey
were present.. The .s.ec.retary,.Helen C. Whitt amore
was also present.
Town Counsel,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 hefelt. 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_permi.t, just
as they saw fit.
In regard to the records of the meeting of
June 6, 1930, it was voted to correct therecord
stating that Mr. Neil McIntosh.did not object to Records
the stand being erected._ Mr. 1vcIntosh's letter
did not approve of the standn.or did he disapprove.
The Board repconsidered . the vote .passers .at the
meeting June 6th in regard to. he petition of Boinay
Joseph V. Boinay, inasmuch as. the .notices were not petition.
sent regarding the hearing._tobe held.. on. tha._Boinay
application.
It was voted to hold thehearing.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 Napolilj
a copy of which is hereto annexed,.held_.a public Napoli
hearing thereof of which notice was mailed.to_.the Order.
petitioner and to the owners . of. all_. property deemed
by the Board to be affected thereby asthey 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.het.d..in the Selectmen's'
Room in the Town Office Building .on Fr.iday., the_.sixth
day of_June.,.1930. at. .ei.ght.o'clock P.M. A majority
of the members of the. Board. of Appeals .were present
at the hearing. A certificate of not.ice_is hereto
annexed. At thil hearing evidence was offered on
behalf of the petitioner tending to show that
they own a parcel of land at the junction of
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 ht.a.stand, particularly
of a permanent nature, would...be_.a detriment to the.
neighborhood.
At a subsequent_mee.ting,held on Wednesday, June 11,
1930, at which the full.Baard.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
makingof the. exception..reggested.
2. That the exception requested willnot
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 enforcementof the Lexington Zoning
By-law as to the locus in_question_wouid involve
practical difficulty and unnecessary .hardship _and
the reliefrequested may be granted..withaut....sub.stantially
derogating .from th.e. .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.Marre.tt 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
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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 limier 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...Ku.ssian,
John & Elia 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 als, Robert H.
Storey, Helen M. MacArthur, Elmer G. Spinney, George R.
& Helen Munroe, Neil McIntosh,. Margaret R. R. Walker,
James A. Bailey,William E. &. Myth .W._ Shcivan, Caroline
0. Olsen, Charles R. & Mary V. Neskey, Agnes.. B. Carpenter,
Helen M. & Clarence W. Mason., Bertha A. Lawson, John E.
& Alice M. Chism, Albin.a .M... Marble, David .&. .Grace
Davies, Katherine E. Crosby,Margaret R. Merrick,
Annie H. Cheney, George E. Smith,Annie E. &..Mary J.
Marshall, Saunderso.n .11. 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., Do.lores_MacInn.is
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. Clemner and Frank A. & Mary Napoli and
also published in the Lexington Times -Minute Man on
May 23, 1930 a notice ofwhichthe following is.a
true copy.
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May 17, 1930.
Board of Appeals under the Lexington Zoning By-law
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 premisea for the
sale of only the products of the land of the_.und.ersigned
within the Town.
Yours sincerely,
Frank A. Napoli
NOTICE
Lexington,. Mas s.
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_junetion 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.S.treet, 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 whichis hereto annexed,.held.a.public
hearing thereonof which.notic.e was.mai.led.to the
petitioner and to the owners _of all..property deemed
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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 Waltham line_ and desiredto
use the same for a roadsidestand. for .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 difficultyand 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 Riccito
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 ator about
the junction of what was formerly the old _ county road
for the sale only of the products o.f_the _land .owned
by said Ricci in Lexington on thefollowing conditions:
That said stand will be set back twenty feet
from the line of Waltham. Street;
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and thtteistand deder
tnpn�tion orneOiounty Ho
near its junction with Waltham Street be kept
in condition to park automobiles in such manner
as will prevent traffic congestion on Waltham
Street.
The Board hereby makesa 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.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..fo.rthwith . to
each party in interest.
Board of Appeals of Lexington
(Appointed under G. I. 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 Lexinton, appointed under General Laws,
Chapter 40, section. 27,. hereby certify that I sent.
by registerd mail on..May_ 21.,_ .1930._ to Alfred L.
Short, Isabella Fardy,.Antonio .J. Lima.,..Ethe.l-.L.
Dailey, Jeanette M. Lawrence,Louis H. Lawrence Adm.,
Giovanni Ricci, Margaret R. Wright,.. Frank Dias, Johh
Dias, Jr. William...&.Ruth Greer, Ambrose A. Ballou,
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 L.exington. Zoning By-law
Town Off ice 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
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 2.0., 1930.
The Board of Appeals will hold._a_he aring
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 standon
the said premises for the sale ofonly 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._8415.P.M.
Arthur. N. Maddison, Chairman
Board of._App.eals..
The meeting adjourned:at 10 P.M.
A true record., Attes
erk.
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