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HomeMy WebLinkAbout1933-08-04 279 BOARD OF APPEALS MEETING AUGUST 4, 1933. The Board of Appeals meeting was held in the Selectmen's Room, Town Office Building, on Friday, August 4, 1933, at 8:00 P.M. Messrs. Glynn, Baldrey and Ferguson were present. The Secretary was also present. Mr. C. Edward Glynn was elected Chairman Pro-tem in the absence of $', Arthur N. Maddison and Mr. Roland Baldrey was elected Clerk Pro-tem in the absence of Mr. Howard W. Robbins. Nearing was declared open on the application of Frank A. Napoli of Middle Street for renewal of his permit for a roadside stand. The Chairman Pro-tem read the notice of the hearing as 4dvertited in the Lexington Minute-Man. Mr. Frank A. Napoli and Mra. Rose Penetta, his daughter, were present $t the hearing. Mr. Napoli stated that he simply wanted a renewal of his permit for a roadside stand; that he had made no changes in the conditions at the stand, that he had kept it up in good condition and that cars did not park on Marrett Road and obstruct traffic. No persona appeared in opposition. The Board in private session voted to grant a permit to Frank A. Napoli to operate a roadside stand on the land of Frank A, and Mary Napoli located on Marrett Road for a period of one year in the following form, Messrs. Glynn, Baldrey and Ferguson voting in favor and Messrs. Maddison and Robbins requesting to be recorded in favor: The Bbard of Appeals, acting, under General Laws, Chapter 40, section 27, having received a written petition addressed to it by Frank A. Napoli, a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list, and also advertised in the Lexington Minute-Man, a newspaper published in Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the fourth day of August, 1933. A majority of the-members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he wished a permit for a period of one year expiring August 9, 1934 to conduct a roadside stand on property of Frank A. and Mary Napoli located on Marrett Road and Middle Street. That there had been no changes made in connection with the existing roadside 280 -172 stand and that there had been no parking of automobiles on Marrett Road. 111No evidence was offered in opposition. At the close of the hearing, the Board in private session gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment t$e public convenience and welfare will be substantially served by the making of the exception requested. 2. Thai the exception requested will net _temd ,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 r the Lexington Zoning By-law. 4. That the enforcement of the Lexington Zoning By-law as to the locus in question would involve practical diffi- culty 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 unan- imously decides that the application of the said Lexington Zoning By-law is hereby varried so far as may be necessary to permit Frank A. and Mary Napoli 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 productm 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 parking space for automobiles to prevent traffic congestion on Marrett Road; this permit to expire August 9, 1934. The Board hereby makes a 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 forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch. 40, Sec, 27) C. Edward Glynn Roland W. Baldrey Charles E. Ferguson. 9Q1 I, Roland W. B aldrey, Clerk Pro-tem of the Board of . Appeals of Lexington, appointed under General Laws, C haapter 40,, Section 27, hereby certify that I sent by registered mail on the 18th day of July, 1933, to Joseph R. Jr. and Bertha A. Lawson, Helen M. & Clarence W. Mason, John E. and Alice M. Chism, Margaret R. Crocker, Carl Viston Olson, Raymond L. & Anna S. White, Walter C. and Florence M. Boone, Arthur F. Colby, Robert J. Fawcett, Louise M. Hannaford, Richard Whittemore, Helen B. Saran, Marie A. Miller et al, Thomas J. and Jennie Heaney, Neil McIntosh, Edwin H. and Mary E. Halvarsen, Johann C. E. and Christine A. Gramstorff, Pasquale Panetta, Patrick and Helen K. MacKino, Russell Bray, Highland Trust Co. , and Frank A. and Mary Napoli and also advertised in the Lexington Minute-Man on July 20, 1933, a notice of which the following is a true copy. Roland W. Baldrey, Clerk, Board of Appeals. July 6, 1933. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. II Gentlemen: The undersigned herebypetition the Lexington Board of g g 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. and Mary Napoli of Middle Street by permitting the following: Renewal of permit for roadside stand for sale of products of land only. Frank A. Napoli Middle Street Lexington. NOT I C E Lexington, Mass. July 18, 1933. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises owned by Frank A. and Mary Napoli and located on Middle Street near its junction with Marrett Road, a roadside stand for the sale of only the products of the land, under the Lexington Zoning By-law or in y_ 282 - ae c-� ml accordance with Chapter 40, Section 27A of the General Laws. The hearing will be held on August 4, 1933 at 8 o'clock P.M. at the Selectmen/a Root , Town Office Building, Lexington. Arthur N. Maddison Chairman, Board of Appeals. • The record. of the meeting of June 30, 1933 was read and approved. The meeting adjourned at 8:25 P.M. A true record, Attest: Clerk, Pro-tem. I