HomeMy WebLinkAbout1932-08-09BOARD OF APPEALS MEETING
AUGUST 9' 1932.
A,joint meeting of the Board of Appeals and Board. of
Selectmen was held in the Selectmen's Room, Town Office
Building at 7:50 P.M. Meesrs. Baldrey, Custance and Glynn
were present. Mr. C. E. Glynn was elected temporary Chair-
man,
The hearing was declared open on the application of
Arthur R. Witham for permission to use the premises at
317 Marrett Road as a repair shop for automobiles. The
Clerk read the notice of the hearing.
The Petitioner stated: That he wished to annduct a
general repair shop for automobiles; that he did not wish to
sell gasoline or carry same in storage; that he *ould have
on hand only small quantities of lubricating oil; that it
was not his intention to store old cars or parts thereof
outside the building.
Miss Marshall, the owner, and representing Miss
Adeline Marshall, Mr. Joseph Swanson, Mr. Albert Spencer,
Mr. Thomas Whiting, and Mr. Marshall L. Tibbetts appeared
in favor of the granting of the petition.
Objections were voiced by two citizens whose property
abutts the property on which the garage is located tendin
to show that a repair shop for automobiles would injure
adjacent residential property values, and that the noise
would seriously interfere with their comfort.
The hearing.was declared closed and the Board of
Appeals adjourned to the Conference Room.
At 8:20 P. M. the hearing was declared open on the
application of Frank A. & Mary Napoli for a permit for a
roadside stand on their premises on Middle Street near its
junction with Marrett Road. The Clerk read the notice
of the hearing.
Mr. Napoli was present and explained that he wished to
renew his previous permit under the same conditions.
No persons appeared in opposition.
The hearing was declared closed.
At 8:30 P.M. the hearing was declared open on the
petition of Harry F. Boinay fora roadside stand at
100 Pleasant Street. r
The Clerk read the notice of the hearing.
Mr. Boinay stated that he wished to conduct a road-
side stand on the premises and would conform to the conditions
imposed by the Board of Appeals including a setback of
30 feet from the street line which, however, he hoped would
be reduced to 20 feet, and provisions for ample parking
space for automobiles within his property lines. He stated
that such a location would place his stand in the sun and he
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wished to have permission to erecta structure for the
protection against sun, weather, and trespassers.
' Mr. Alexander Wilson appeared in support of the petition
subject to a proper setback being provided.
Mrs. James J. Walsh by telephone objected to granting
the permit unless the stand was properly set back from the
street and cars were prevented from parking on the street.
The Board of Appeals advised Mr. Boinay that it would
delay decision on his application until he could provide
suitable drawings of what he wishes to erect.
There being no other persons appearing, the hearing
was declared closed.
The Board in private session read and approved the
minutes of the previous meeting, and decided to delay decision
on petition by Arthur R. Witham until its members should
have,an opportunity to_ inspect the premises.
The Board considered the application of Frank A,, &
Mary Napoli and voted that the petition be granted in the
following form:
PERMIT
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 hearing thereon of which
notice was mailed to the petitioner and to the owners of
all property 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 newspaper
published in Lexington, which hearing was held in the
Conference Room in the Town Office Building on the 9th
day of August 1932 at 8:20 o1clock P.M.
A majority of the members of the Board of Appeals
were present at the hearing.
After hearing the evidence offered by the petitioner
and such other evidence as was offered, the Board in private
session at a meeting held Aug. 9th gave consideration to
the subject of the petition and a majority of the Board voted
that in its judgment the public convenience and welfare will
be substantially served by the use of the premises described
in the petition and that such use will not tend to impair
the status of the neighborhood.
The Board therefore determines that the application
,of section of the Lexington Zoning By-law permits
the use of the premises described in the petition, subject
to the following aonditions, and instructs the Inspector
of Buildings of Lexington to grant a permit 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 maintained
on the location as now existing; they to provide sufficient
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parking space for automobiles to prevent traffic congestion �Z7
on Marrett Road; this permit to expire Aug. 9, 1933.
The Board therefore determines that the Use of the
premises described in the petition is in harmony with the
general purposes and intent of the Lexington Zoning By-law.
C. Edward Glynn
Roland W. Baldrey
Theodore A. Custance
BOARD OF APPEALS OF LEXINGTON.
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
the 19th day of July, 1932 to Robert J. Fawcett, Louis M.
Hama fbrd, Russell Bray, American Oil Co., Richard Whittemore,
Helen Be Sarano, Char les H. Miller, Heirs of, Thomas J. &
Jennie Heaney, Neil McIntosh, Helen M. & Clarence W. Mason,
Bertha A. Lawson, John E.& Alice M. Chism, Roy R. Rice,
Christine A. Gramstorff, & Johann C. E., Raymond L. & Anna
White, Florence & Walter C. Boone, Patrick & Helen MacKino,
Edwin H. & Mary E. Halvarson, Arthur F. Colby, Carl V. Olson,
Frank A. & Mary Napoli, Pasquale Panitta, and also advertised
in the Lexington Times -Minute -Man on July 22, 1932 a notice
of which the following is a true copy.
Roland W. Baldrey
Clerk, Board of Appeals.
July 18, 1932.
Lexington Board of Zoning Appeals
Town Office Building
Lexington, Mass,
Gentlemen:
The undersigned hereby petition the Lexington Board of
Appeals, appointed under General Laws, chapter 40, Section
27, to vary the application of section of the
Lexington Zoning By-law with respect to the premises at
Middle Street owned by Frank A. Napoli of Lexington by
permitting the following: Maintain a roadside stand.
Frank A. Napoli
By Rose M. Panetta
Middle Street
N OTIC E '
Lexington, Mass,
July 18, 1932.
The Board of Appeals will hold a' heating 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 FrankA.& Mary Napoli
under Section.9F 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 August 9, 1932 at the
Conference Room, Town Office Building at 8:10 P.M.
Arthur N. Maddison
Chairman, Board of Appeals.
The meeting was then adjourned.
A true record, Attest
Clerk.
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