HomeMy WebLinkAbout1930-08-22BOARD OF APPT:A T gING
August 22, 19.80.
61
A meeting Or the Board of Appeals was held at
the Selectmen's Room, Torn Office Building at_8..Pa.
Messrs. Glynn, Baldrey, Custanoe,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 on the premises of George'Sweetland situated
en Marrett Road, near the Bluff.
The Clerk read the notice ofthe. hearing.
Mr. Walter Brenton, Marrett Road,appeared_ in opposition
to the application, stating that -Mr. Canessa did not C !}a� a
raise any produce; he brings the products from Boston. penrmit
and sells them at the stand. Mr. Brenton stated that denied.
Mr.. Canesaa had been to the stand a few times this
year selling produce.
Mr. Sweetland has about twelve or fourteen acres
of land and Mr. Caneasa rents asmall piece, large
enough to have a roadside stand. He has no landthere
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 rec..eived.a
written petition addressed to it by Peter Canessa,
a copy of which is hereto anneced, -held' a pciblic
)ear' thereon of which. notice was sled to
e petitioner an to he.owners or property
deemed by the Board .t®_be affected thereby as..they
appear on the mostrecentlocal tax...liat, 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
Friday, the twenty-second day of'August, at eight.. -
o'clock P.M. A majority -of the merbers',of the Board.
of Appeals were present at -the hearing. A certificate
of notice is hereto 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 Laid 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.seiling prodUae..grown
in another""part of theTown..and._not..on.land oaf the_ewner
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
finding8:
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 i1 question would not involve
practical difficulty and unnecessary hardship- and the
relief re nested may not be granted.without_.substantially
derogating from the intent. and purpose of such Lexington'
Zoning fir law.
Pursuant to the said findings, the Board hereby
denies the said petition of rater 6anessa to vary the
application of the Lexington Zoning By-law and instructs
the Inspector of Buildings of Lexington notto grant.a permit
therefor.
The Board hereby makes a detailed record of all
its P1940 din a relative to such etitiora 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 decisionshall be filed in -the office
of the Town Lgerk of .''exington 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 wader G.L. Cha.4O, section 27)
Arthur.. N..Maddis.on C. Edward Glynn
Roland W. Baldrey Theodore. A. Cuatance
Curlys L. Slocum
1
I, Roland W. Baldrey, Clerk of the Board of Appeals
of Lexington, appointed under. General Laws,Chapter 40,
Section 27, hereby certify that I sant by registered,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. noticeof 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 thepremises_at
Marrett Road, Lexington, Massachusetts., hereby makes
application under section 9 (f) of. the Lexington
Zoning By-law for a permit fora roadside stand.on..the
said premises for the sale' of only the products of the
land of the undersigned within the Town.
Yours...aincerely,
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
of varying the application of the Zoning. Law by permitting the
use of the property situated on Marrett Road 'r known as iaie
Sweetland property owned by George. Swe.etland,..and..leas.ed
Peter Canessa, .under Section 9 F of .the Lexington Z.oning.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 August 22, 1930 at the
Selectmen's Room, Town'Offiee Building, at $ P.M.
Arthur N. Maddison
Chairman, $oard.of Appeals.
The hearing was declared closed at 8:22 P.M.
Hearing was declared :open .at 9.. P.M.. on the. applieation
of John C. Phelps for perstis.si.on to build_ a single. emily
house on Hancock .Avenue extension
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Mr...Phelps appeared at the hearing and presented a plan
of the property. 1.3ae4
The lot of lana was Of a triangular shape, bounded of s04 ,Phelps
en one side by the Lexington Timber 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 4*cision
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' z 301. This lot bordered.on an
unaccepted street. '
After general discussion by the Board, it was decided
to take the matter under adviaeme t, and.it_was left
to Mr. Glynn to communciate with fir. Phelps regarding
the matter.
The meeting adjourned at 10;35. P.M.
A true record, Attest:
Clerk