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HomeMy WebLinkAbout1930-08-22 61 • BOARD OF APPFATSMEETING . August 22, 1930.. A meeting df the Board of Appeals was held at the Selectmen's Room, Toyn Office Building at 8 P.M. Messrs. Glynn, Baldrey, Custance and Slocum were present. Miss Evelyn Small was also present. The Chairman, Arthur N. Maddison being absent, Mr. C. Edward Glynn was appointed chairman pro-tem. At 8015 P.M. hearing was declared open on the applicarion of Peter Canessa to operate a roadside stand en the premises of George Sweetland situated en Marrett Road, near the Bluff. The Clerk read the notice of the hearing. Mr. Walter Brenton, Marrett Road, appeared in opposition to the application, stating that Mr. Canessa did not C d a raise any produce; he brings the products from Boston permit and sells them at the stand. Mr. Brenton stated that denied. Mr.. Canessa had been to the stand a fdw times this year selling produce. Mr. Sweetland has about twelve or fourteen acres of land and Mr. Canessa rents a small piece, large enough to have a roadside stand. He has no land there to raise anything. He purchased the crop of the Crowley place, East-St. The Board considered the various conditions in regard to this appeal particularly that the applicant wished to conduct a roadside stand on a small piece of land and not for the purpose of selling products grown on the land of the owner within the Town; also that the only person speaking in opposition was interested in a roadside stand now conducted in the locality. Mr. T. A. Custanoe moved that the petition be denied, and the motion was passed unanimously. The Board of Appeals, acting under General Laws, Chapter 40, sec. 27, having received. a written petition addressed to it by Peter Canessa, a copy of which is hereto anneXed, 'held- a public W101 ttligaii:Pnan•f twohjhh nowntirasmi1rpto ty deemed 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 news-paper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on mg Friday, the twenty-second day of August, at eight o'clock P.M. A majority of the members of the Board no no of Appeals were present at the hearing. A certificate of notice is 4ereto annexed. At this hearing no evidence was offered on behalf of the petitioner, and evidence was offered on behalf of citizens opposing the granting of the said petition tending to show that they did not consider it just that a permit should be granted for a roadside stand at a location where no produce was grown and for the purpose Of selling produce grown in another part of the Town. and nd not. en..land. .of the owner of the stand. 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 not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not 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 ,not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies the said petition of Peter eanessa to vary the application of the Lexington Zoning By-law and instructs the Inspector of Buildings of Lexington not to grant a permit therefor. The Board hereby makes a detailed record of all its Prlioeedinqs relative to suchetition 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 thig decisio shall be filed in the office of the Town lerk 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 ander G.L. Chi 40, section 27) Arthur .N. Maddis.en C. Edward Glynn Roland W. Baldrey Theodore A. Custance Curlys L. Slocum ar ,�.,. 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 regis.tered ,mail on July 23, 1930 to George Sweetland, James M. & Henry P. Neville, Erma E. Hargrove, Catherine F. Herbert, Sarah E. Holmes and Peter Canessa. and also published in the Lexington Times- Minute Man on August 8, 1930 a notice of which. the following is a true copy. Roland W. Baldrey Clerk July 17, 1930. Beard of Appeals under the Lexington Zoning By-law Town Office Building Lexington, Mass. Gentlemen: The undersigned proprietor of the premises. at Marrett Road, Lexington, Massachusetts., hereby makes application 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 of the undersigned within the Town. Yours sincerely, Peter Canessa This property has been occupied by Mrs. Britt' as a readstand for years. It is known as the Sweetland property. This is next to Mrs. Hargrove's stand, Plenty of parking space_ and will not interfere with rraffic. All my products 1 raise myself is Lexington. NOTICE Lexington, Mass., July 23,1930. The Board of Appeals will hold a hearing on the matter if varying the application of the Zoning Law by permitting the use of the property situated on Marrett Roadknown as $be ;7_14 C,7 Sweetland property owned by George Sweetland, and leased by , Z Peter Genesee* under Section 9 F of the Lexington Zoning. By-law rn 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 August 22, 1930 at the Selectmen's Roam, Town Office Building, at $ P.M. Arthur N. Maddison Chairman, board of Appeals. The hearing was declared closed at 8:22 P.M. Hearing was declared open at 9 P.M. on the application of John C. Phelps for permission to build a single family house on Hancock Avenue extension Mr. Phelps appeared at the hearing and presented a plan of the property. --#0,310ftlicia The lot of land was Of a triangular shape, bounded of d:C. .Phd3�i on one side by the Lexington Lumber Co. and on the ether under side by Hancock Ave. extension and coming to a point at advisement. Bedford Street, comprising approximately 6000', Mr. Phelps claimed that he could not have the size of house erected that he wished and still have the necessary set-back. He thought that the property being zoned for business, there was no set-back required. Mr. Tibbetts, Building Inspector, from whose 4kcision Mr. Phelps appealed, stated that a third class building should not be set up to the line. Mr. Phelps stated that the house was intended to be approximately 28' x 30' . This lot bordered on an unaccepted street. After general discussion by the Board, it was decided to take the matter under adviseme t, and it was left to Mr. Glynn to eommunciate with $r. Phelps regarding the matter. The meeting adjourned at 10;35 F.M. A true record, Attest: Clerk I -