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HomeMy WebLinkAbout1936-09-11BOARD (F APPEALS 11EETING ISeptember 11, 1936 A meeting of the Board of Appeals was held in the Selectmen's xoom, Town Office Building, at 7;30 P. P+. Messrs. Glynn, Kimball, Robbins and Steeves were present. The Secretary was also present. It was unanimously voted to elect 11r. Glynn Chairman Pro -tem. At 8;00 o'clock P. M. hearing was declared open on the ap-olication of Jesse E. Condinho for permission to maintain a roadside stand for the sale of produce grown on the property at 610 VIaltham Street. The notice of the hearing was read by the Clerk. Jesse E. Condinho appeared in favor of the petition, together with his brother-in-law, and Miss Annie T. Carroll, of 676 Waltham Street. Mr. Condinho stated that he had about two hundred apple trees and one acre of land that was planted with veg- etables. He said that in the past he has lost money because he has been unable to sell his apples and vegetables. ne felt that if he could sell from a roadside stand that he might make some money, or make at least enough to pay his taxes. The Chairman pro -tem asked what kind of a stand he intended to erect, and he replied that it would not be larger than 12 x 12, and would probably be 8 x 12. It would have windows in the front and two sides, and a door in front. It would have a canopy in front, and would be made of novelty siding. the Chairman -pro -tem asked Mr. Condinho if he had made any provision for taking the traffic off of the main road. He replied that the stand could be set back thirty or forty feet from the street, and that he was building a large semi -circular driveway. He thought that when the drive was done that he could accomodate thirty or forty cars. the Chairman pro -tem asked Condinho what he intended to do about signs, and he said that he had not thought about them. He then asked if the building would be painted. Con- dinho replied that it would be, that in other years they had not bothered with a stand because they could not affbd to put up a good stand, but that he was now able to nut up a decent, neat stand, and that he planned to plant flowers and shrubs. He said that he was filling in the low place on his property with rocks, to take care of the drainage, ' and planned to put crushed stone on top of the drive so that there would not be much dust. 204 'rhe Chairman asked Condinho if he understood that these roadside stands could sell only vegetables and produce grown on the property, and he replied in the affirm- ative. �ondinho stated that last winter 93 bushels of apples spoiled because he was unable to sell them, and he thought that if he had a stand he would be able to sell them all. Miss Annie T. Carroll of 676 Ualtham Street appeared in favor of the petition. bhe stated that she had known the Condinho family for a number of years, and thought it would be very nice if they were allowed to sell their produce. Oondinhols brother-in-law appeared in favor of the petition, but informed the Board that he was not a res- ident of the Town. The Chairman told the three people that the pe- tition would be taken under consideration, and they retired. The records of the meeting held on August 6th were read by the Chairman. Inasmuch as there were no errors or omissions, the Chairman declared the records approved. Upon motion of Mr. Steeves, seconded by Mr. 1Cobbins, it was unanimously voted to grant the petition in the following form: BOARD G~ APPEALS PER!, IT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written pet_tion addressed to it by Mary S. Condinho, 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 pub- lished in Lexington, which hearing was held in the Select- men's Room, in the Town Office Building on the 11th day of beptember, 1936. One associate and three members of the board of Appeals were present at the hearing. A certificate of notice is hereto and"sexed. At this hearing evidence was offered on behalf of the petitioner tending to show: that she desired to erect and maintain a roadside stand not more than 121 by 121 in size an the premises at 610 Waltham Street, Lexington, for the purpose of selling produce grown on the property. No persons appeared in opposition. At the close of the hearing the Hoard in private session on September 11, 1936, gave consideration to the subject of the petition 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 requested. 1 1 1 205 ' 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 Le.tington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the Zoning dis- trict in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in 'question would involve substantial hardship to the petftilaiw 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 f indings, the Board hereby unanimously decides that the application of the said Lex- ington Zoning By-law is hereby varied so far as may be necessary to permit Mary S. Condinho to erect and maintain a roadside stand not over 121 by 121 in size, to be located on her property at 610 Waltham Street, Lexington, and not less than twenty-five feet from the street line, first obtaining a permit from the Building Inspector of Lexington. ' The stand is to be kept in good condition and is to be used only for the sale of produce raised upon her land in Lexington. Ample parking space is to be provided for cars of customers so that there will be no parking on Waltham Street. This permit is to run for one year beginning September 11, 1936. 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 ie cord 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 APPFALS OF LEXINGTON. (Appointed under G.L. Ch. 40, Sec. 27). C. Edward Glynn Charles E. Ferguson Edward W. Kimball Howard W. Robbins Clyde E. Steves I. Howard W. Robbins, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, 206IND X0 Section 27, hereby certify that I sent by postage certificate ' of mailing on the 31st day of August, 1936, to Joseph F. and Augusta E. Clark, Chester F. & Helen E. Cotter, William H. and Mary E. Devine, A -n ie McMak•in, Mary B. Wall, Agnes I. White, Axel & Henning Swenson, Farwell E. and Annie L. Thayer, Catherine Ross, Char]e s H. Livermore, Mary S. Condinho, James Cook, Ethel L. and John F. Daffy, Ervin R. Dix, Robert H. and Olive E. Eldridge, Olive R. Faris. and Agnes F. Lima, Emilia Ferreira, Luigi Ferrazzani, Annie Katkoff, Emily M. Leonsrd, Anthony J. Lima, James and Agnes F. Lima, Joseph H. and Susannah Potter, David A. Rix, Marie G. Rose, Arthur C. and Isabelle Salisbury, James S. Reardon, Gabriel D. and Maria Paiva, Lulu M. Blake, Annie T., Mary F., and Letitia Carroll, Tekla Berlin, Fred Bailey, Antonio Umbrello, Mabelle S. Thompson, Eliza H. Syme, Augusta J. Silva and Jesse S. Condinho and also advertised in the Lexington Minute -Man on August 27, 1936, a notice of which the following is a true copy: Howard W. Robbins, Clerk, Board of Appeals. August 26, 1936, 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 9F of the Lexington Zoning By-law with respect to the premises at No. 610 Waltham Street owned by Mary S. Condinho of Lexington by permitting the following; Maintenance of ao.dside stand for sale of products of the land of the owner that is within the Town. Jesse E. Condinho (Signature) 610 Waltham St. (Address) N O T I C E Lexington, Mass. August 26, 1936, 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 Mary S. Condinho, and located at 610 Waltham Street, Lexington, a roadside stand to sell produce grown on the property, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on September 11, 1936, at 8:00 P.M. in the Selectmen's Room., Town Office Building, Lexington, Mass. Arthur N. Maddison, Chairman, Board of Appeals. The meeting adjourned at 8:45 P.N. A true record, Attest: L 1 207