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HomeMy WebLinkAbout1932-10-28215 BOARD Or APPEALS MEETING - OCTOBT:R 283- 1932. The meeting of the Board of Appeals was held October 28, 1932, Town Office Building at 8 P. M. Messrs. Arthur N. Maddison, Theodore A. Custance, Roland W. ^naldrev, C. Edward Glynn, and Curlys L. Slocum were present. The secretary was also present. Hearing was declared open on the application of David Willard for permission to maintain an antique shop at 211 Bedford Street. Notice of the hearing was advertised in the Lexington Townsman. Mr. ~Willard did not appear in favor of his petition. No one appeared against the petition. It was decided to adjourn the hearing until November 18, at 8 P. I;. After some discussion on the application of Joseph V. Boinay to maintain a roadside stand it wascEdcided to request VIr. Boinay to sign a stateme}zt as follows; "In consideration of your granting me a permit to maintain a roadside stand on premises owned by Harry F. Boinay on Pleasant Street near the junction of Pleasant and Watertown Streets, I agree to construct no structure for the purposes of a roadside stand on said premises without submitting plans and obtaining the approval of samd by you, i, After they'St amen wfis to him'the order of''the_Board SAgned it WA9 decided to deliver- as eliveras follows;" OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written pebition addressed to it by Joseph V. Boinay, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed.to the peti`..ioner 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 Townsman a newspaper published in Lexington, which hearing was held in the Sel-etments Room, in the Town Office Building on the 9th day of August, 1932 at 8:30 P.M. Meesrs. Custance, Baldrey and Glynn 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 he desires to operate a roadside stand on premises owned by his brother on Pleasant Street opposite the junction of Pleasant and Watertown Streets for the purpose of raising produce to sell at the roadside stand on said land. ' No evidence was offered on behalf of citizens opposing the granting of the said petitioh. At the close of the hearing the Board in private session October 28, 1932, gave consideration to the subject of the petition 913 3 1410 9.. 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 requeted. 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 rdgulations in the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By -lav 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 Joseph V. Boinay to maintain a temporary roadside stand on Pleasant Street on land owned by Harry F. Boinay for the purpose of selling only the products grown on land of the petitioner in Lexington, and that said stand be set back from the property line on Pleasant Street at least thirty (30) feet, otherwise substantially as shown on sketch submitted dated October 28, 1932; he to pro- vide ample parking space for automobiles off the travelled way, it being distinctly understood that no structure be built fob the purpose of a roadside stand until the plans therefor are approved by the Board of Appeals. This permit is to expire October 28, 1933. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby set's forth that the reasons for its decidion 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' tb 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 Theodore A. Custance Curlys L. Slocum Chi 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 Harry F. Boinay, Pasquale & Hermina Luongo, Clarence H. Cutler, James F. & Lillian D. Moran, Patrick J. Shanahan, William P. Sawyer, Guardian, Sarah B. VanNess, J. Alexander Wilson, Ernest H. R. Burroughs, David F. Owens & Stephen J. Harrington, Lucy D. Walsh, Emily A. Saul, Lucian I. & Elizabeth Pingree, Ernest & Martha L. Jones, Pauline E. Bartlett & Elizabeth A. McLaughlin, Mary D. Hatch, George W. Norton, Joseph V. Boinay, Esther P. & Neil H. Borden, and also advertisbd in the Lexington Townsman on July 21, 1932 a notice of which the following is a true copy. Roland W. Baldrey Clerk, Board of Appeals. July 14th, 1932. Lexington Board of Zoning Appeals, Town Office Building, Lexington. 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 No. 75 Pleasant Street owned by H. F. Boinay of Natick, Mass. by permitting the following: Roadside Stand. Joseph V. Boinay, Signature Lexington, Mass. Address. N O T I C E Lexington, Mass July 18, 1932. 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 premises at 100 Pleasart Street owned by Harry F. Boinay of Natick for a roadside stand under Section 9F of the Lexington Zoning By-law 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 P. M. Arthur N. Maddison Chairman, $d. of Appeals. A tru copy __A test: Clerk.