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HomeMy WebLinkAbout1941-10-18294 c� BOARD OF APPEALS 1EETING ' October 18, 1941 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. ItiI. Chairman Glynn and niessrs. Kimball, Locke, and Bowker were present. Messrs. Maddison, Robbins, and Brown were contacted, but none could attend the meeting. The Secretary was also present. At 8:00 P. ?vl. hearing was declared open upon the petition of Countryside, Inc. for permission to show moving pictures inside the building at 400 Lowell Street, Lexington. No persons appeared in favor or in opposition, so the hearing was postponed to November 7, 1941. At 8:10 P. Tai. Manuel G. Rose, Jr. appeared before the Board. The Clerk pro -tem, Mr. Bowker, read the notice of the hearing_ which was held on September 19, 1941, and ad- journed to this evening, upon petition of P;Ir. Rose for permission to maintain a roadside stand at 748 Waltham St. Mr. Rose said he desired permission to sell at his stand again. He received a permit several years ago, and thought that that was sufficient, and that he did not have , to apply for another one. He did not realize that it was a yearly permit. He said that he contemplated making no changes in the stand, and would sell eggs, corn, and apples. The stand is open about three months of the year. He said that the stand was about twenty-five feet back from the street. No one appeared in opposition. The hearing was declared closed at 8:14 P. M. Mr. David Buttrick appeared before the Board. He asked if the Board would reconsider his application for permission to place a roof over the stand located on the northwesterly corner of the property at 384 Bedford Street. He said that he merely wanted the roof to protect the vegetables from sun and rain. The Chairman asked him if he would want sidewalls, and Mr. Buttrick said that he would not; however, he might have some 4' high, to place stuff against. The Chairman asked if the roof would be pitched two ways, and Mr. Buttrick replied in the affirmative. Mr. Buttrick said that he believed there would not be any opposition now. The Chairman told him the Board would consider the matter, and he retired at 8:25,P. M. ' Upon motion of Mr.w .Kivabal:l, seconded by Mr. Bowker, it was voted to grant the Rose petition in the following form: (Mr. Maddison wishing to be recorded in favor) BOARD OF APPEALS PERDIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Manuel G. Rose, Jr., 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 19th day of September, 1941. One Associate and four 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 be- half of the petitioner tending to show: That he wished to operate the existing roadside stand on property of A4arie G. Rose at 748 Waltham Street for the sale of eggs and other produce grown on the premises; That the stand was generally operated about three months ' of the year. No one appeared in opposition. At the close of the hearing the Board in private session on October 17, 1941 gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. 'ihat 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 pro- visions 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. 1 295 296 Pursuant to the said findings, the Board hereby 1 unanimously decidds that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary to permit Manuel G. Rose to maintain and operate the existing roadside stand located on the property of Marie G. Rose at 748 Waltham Street, Lexington, said stand to remain not less than 25' back from the street line of the property, and ample parking space shall be pro- vided so that customers will not park their cars on the street. Also, this stand shall be kept in a neat condition at all times. This permit will expire on October 17, 1942. 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 testimony presented at the said hearing, including that herein summarized,IaLnd 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. =YARD GLYNN ERROL H. LOCKE WINTHROP H. BOW=R EDWARD W. KIMBALL A. N. LIADDISON 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 mailing on the 29th day of August, 1941 to Anne T., Mary F., & Letitia Carrol, M:.ary L. Hardy, George F. Leonard, M. Joseph, Lawrence M., and P. Edward Carroll, Enrica Caira, and Marie G. Rose, and also advertised in the Lexington Minute Man on August 28, 1941, a notice of which the folbw- ing is a true copy. HOWARD W. ROBBINS Clerk, Board of Appeals August 27, 1941 II� 297 ' August 27, 1941 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 of the Lexington Zoning By-law with respect to the premises at 748 Waltham Street, owned by Marie G. Rose of Lexington by permitting the following: Roadside stand to sell produce grown on the premises. Manuel G. Rose, Jr. 748 Waltham Street Lexington, Vass. N 0 T S C E Lexington, Mass. ' August 28, 1941 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 D4arie G. Rose and located at 748 Waltham Street, Lexington, the maintenance of a roadside stand, under the Lexington Zoning Law or in accordance with Chanter 40, Section 27A of the General Laws and amendments. The hearing will be held on September 19, 1941 at 8:15 P. M. in the Selectmen's Rooru, Town Office Building, Lexington. C. Edward Glynn Chairman, Board of Appeals The records of the meeting held on September 19th were approved. The Clerk was instructed to advise Mr. Buttrick that the Board could not reconsider his petition, but that he could file another one. The meeting adjourned at 9:05 P. M. ' A true record, Attest: Clerk Pro -tem.