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HomeMy WebLinkAbout1933-08-04DID010 BOARD OF APPEALS MEETING AUGUST 4, 1933, Tb4 Board of Appeals meeting was held in the Selectments 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 Mr, Arthur N. Maddison and Mr. Roland Baldrey was elected Clerk Prop -tem in the absence of Mr. Howard W. Robbins. Hearing 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 • Advertiadd,in the taxington Minute -Man. Mr.. Frank A. Napoli and Mrs. Rose Panetta, his daughter, were present Ot 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 persons appeared in opposition. The Board in private session voted to grant a permit to Prm k 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 Board of Appeals, acting, under General Laws, Chapter 40, section 2% 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-zmember4 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 stand and that there had been no parking of automobiles on Marrett Road. No evidence was oPfered'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 conveniince and'wblfare'xill be substantially served by the making of the exception requested. 2. That the exception requested. wbl Aeit .teud'to< impair the status of the neighborhood. 3. That the exception requested Dill 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 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 products grown on their awn 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 eaeh party in interest. BOARD'OF APPEALS OF LEXINGTON (_Appointed under G.L. Ch. 40, Sec, 27) Co Edward Glynn Roland W. Baldrey Charles E. Ferguson. ZE "M u 1 I, Roland W. B aldrey, Clerk Pro -tem 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 18th day of July, 1933, to Joseph R. Jr. and Bertha A. Lawson, Helen M. & Cb rence 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. ' Gentlement 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. 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. N 0 T 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 IM go accordance with Chapter 40, Section 27A of the General Laws, The hearing will be held on August 4,.1933 at 8 Welock P.M. at the Selectmentp Root, Town Office Building, Lexington.. Arthur -N, Yaddison Chairman, Board of Appeals. The record; of the meeting of. June 30, 1933 was read and approved. . Tho meeting adjourned at 8:25 P.M. A true record, Attest:' Clerk, Pro -tem. 0