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HomeMy WebLinkAbout1934-08-0354 MEETIBG OF THE BOARD OF' APPEALS. AUGUST 3, 1934. ' A meeting of the Board of Appeals was held at the Selectmen's Room, Town Office Building at 8:00 P.M. Messrs. Glynn, Ferguson, Robbins and Hatch were present. The Secretary was also present. In the absence of the Chairman, Arthur N. Maddison, Mr. C. Edward Glynn was elected Temporary Chairman. Mr. Robbins read the notice of the hearing as advertised in the Lexington Minute Man. Mr. Frank A. Napoli appeared and stated that there was no change in the situation at his roadside stand; that he simply wanted a renewal of his permit. He had sufficient space for parking of automobiles even more than had ever been used. No other persons apreared either in favor or against the application. Bir. Maddisondesiredto be recorded in favor of granting the permit. It was voted to grant the permit to Frank A. Napoli in the following form:' BOARD OF APPEALS PERMIT. ' The Board of Appeals, acting under General Laws, Chapter 40., Sec. 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 newspaperpublishedin Lexington, which hearing was held in the Selectmen's Room, in the Town Office Building on the third day of August, 1934. 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 stand hnd that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close of the hearing the Board in private session August 3, 1934 gave consideration to the subject ' of the petition and voted unanimously in favor of the follow- ing findings, Arthur N. Maddison having requested to be 55 recorded in favor: ' 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception requested. 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 regulations in the Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the zoning district in which it is located, a literal enforcement of the prov- isions of the Lexington Zoning By -:law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Frank A. Napoli to maintain a temporary roadside stand on the Parrett Road front of land of Frank A. and Mary ' Napoli 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 main- tained on the location as now existing; they to provide sufficient parking space for automobiles to prevent traffic congestion on Ma.rrett Road; this permit to expire August 9, 1935. 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 herein- before set forth and the testimoW presented at the said hearing, including that..herein summabized, and directs that this record immediately following this decision shall be filed in the office of the Town -,Clerk of-Lexingtonand 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) Arthur N. laddison fes. Edward Glynn Howard W. Robbins ' Charles E. Ferguson George C. Hatch, Jr. 56 I, Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section ' 27, hereby certify that I sent by postage certificate of mail- ing on the 16th day of July, 1934, to Joseph R. Jr. and Bertha A. Lawson, Helen M. & Clarence W. Mason, John E. & Alice M. Chism, Margaret R. Crocker, Carl Victor Olson, Raymond L. & Anna S. White, Arthur F. Colby, Robert J. Fawcett, Louise M. Hannaford, Richard Whittemore, Helen B. Saran, Marie A. Miller et a1, Thomas J. & Jennie Heaney, Neil McIntosh, Edwin H. And Mary E. Halvorsen, Johann C. E. & Christine A. Gramstorff, Pasquale Panetta Frank A. & Mary Napoli] Patrick & Helen K. MacKino, Russell Bray, Highland Trust.Company, Robert P. Trask, and also advertised in the Lexington Minute- Man on July 19th, 1934, a notice of which the following is a true copy. Howard W. Robbins, Clerk, Board of Appeals. July 11, 1934. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts ' 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 thepremisesat Middle Street owned by Frank A.. and Mary Napoli of Middle Street by permitting the following Renewalofpermit for roadside stand for sale of products of land only. Frank A. Napoli Signature Middle Street Address Lexington. N 0 T I C E Lexington, Mass. July 12, 1934. 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 roadbide ' stand for the sale of only the products of the land, under the Lexington Zoning By-law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. 1 1 1 The hearing will be held at the Selectmen's Room, Town Office Building, on August 3, 1934, at 8:00 P.M. Arthur N. Maddison, Chairman, Board of Appeals. The records of June 8 and 11 were approved. The meeting adjourned at 8:30 P.M, A true record, Attest: Clerk. 57