HomeMy WebLinkAbout1942-10-30•
BOARD OF APPEALS METING
October 30, 1942
A meeting of the Board of Appeals was held in the
Selectmen's Room, Town Office Building, at 8:00 P. M.
Chairman Glynn and Messrs. Bowker and Nickerson, and
Associate Pi?embers Redman and Ballard were present. The
Clerk was also present.
At 8:00 P. M. hearing was declared open upon the
petition of Ernest DeVincent for permission to construct
a roadside stand for the sale of produce and products of
the lands of the petitioner at the junction of the Concord
Turnpike and Pleasant Street.
The notice of the hearing was read by Yr. Bowker.
Mr. Ernest DeVincent and his son, Henry, and Mr.
Robert L. Ryder, their attorney, were present at the hearing.
11r. Ryder said that a similar petition had been
brought by a member of the DeVincent family a year ago,
and that it was denied. The property now stands in the
name of Ernest DeVincent, a resident of Lexington for some
thirty-five years. He owns this land, and another farm
on Waltham Street containing six acres. The DeVincents
have been farmers all their lives, and have farmed these
lands for many years, and are farming them now. Naturally
they want an outlet for their produce where they can sell
it to the best advantage. One of the chief objections
last year was the fact that the stand fronted on the
Concord Turnpike and they anticipated entrances there.
They now have located the stand on Pleasant Street far
enough back from the Turnpike and with no entrances from
it. The new stand will be about two hundred feet from
the present stand, and about thirty-five feet in from
Pleasant Street. Pyr. Ryder presented a sketch showing the
proposed stand. It is to be twenty by twenty-five feet.
The present building is too small, and they wish to have
a larger one so that they can store the produce at night.
The more of their produce they can sell at retail prices,
the more profit they can snake. He said that the DeVincents
were substantial taxpayers in town, and their farm was
there before the Turnpike went through. He felt that they
should be given every opportunity within reason to make
a profitable living off this land, if they can do it with-
out injury to anyone else. They cannot store the produce
in the present building, and very soon they will not be
able to store outside on account of the cold weather.
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Mr. Ryder said that the DeVincents intended to build
a frame building with cellar and foundation of cobble
stone, or something similar. If there is anything wrong
with the proposed location, they are willing to adjust
it in any way that the Board may see fit.
Mr. Ryder told the Board that Henry DeVincent was
operating the stand and intended to operate the new one.
He said that there was an entrance to the 1775 House
just beyong the DeVincent drive, but the former is used
very infrequently, as most of the people go into the
parking space.
The Chairman asked what hours the stand would be
open, and Mr. Ryder said that at this time of year it
would be open every day of the week, and in the evening
until about eight o'clock.
The Chairman asked what would interfere with placing
the stand farther away from the Turnpike on Pleasant
Street. Pair. Ryder said that nothing would prevent it,
except that it would be less likely to attract traffic
from the Turnpike, as people would not see it soon enough.
The Chairman said that it was never the intention to
allow any roadside stands on the Concord Turnpike. He
said that the reason for denying all applications was
that the State had gone to great expense to put through
these throughways, because the old ways are congested.
He said that if the sides of this road eventually were
occupied by roadside stands, or other reasons for stoppage
of traffic, it would not be long before we had a situation
similar to what we have on N.arrett Road, excepting for
the width of the road. He asked if this stand could be
put far enough back so that it would not make for traffic
congestion. Mr. Ryder said that there was a very wide
entrance to Pleasant Street which can be seen for pro-
bably one thousand feet in both directions. Also, there
is a traffic blinker there.
The Chairman asked if ivlr. DeVineent's location was
far enough back so that he would not attract much atten-
tion from the Turnpike, he would still be interested, and
M..r. Ryder said that he would not get enough volume of bus-
iness to justify the undertaking.
The Chairman asked if they were now operating with-
out a permit, and Mr. Ryder said that they did not need
a permit. He said that any farrier had a right to sell
the produce of his land, and he can put up a building
within a certain size.
The Chairman asked what kind of lighting they :*anted,
and Henry DeVincent said that they wanted enough lights
to show up the stand at night.
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The Chairman asked if they wished flood lights, and
DeVincent replied in the negative.
The Chairman asked about signs, and Henry DeVincent
said they would have to have a few signs on Pleasant
Street and in front of the stand. He did not have any
definite plans about signs. Mr. Ryder said they would
assent to anytiiing the Board requested on signs.
Mr. William G. Potter of 25 Walnut Street, Lexington,
was also present at the hearing. He said that he was
opposed to stands on the Concord Turnpike, and if they
have to have a stand near here, he would prefer to see
it on Pleasant Street. The present stand is anything
but attractive, and he thought a new, attractive building
would be an improvement.
Mr. Redman asked if they expected to get business
from the people patronizing the 1775 House, and Mr.
DeVincent said that sometimes people from there bought
from him.
Mr. Potter said that there was a washhouse directly
• opposite the 1775 House, which probably would be removed
when the new stand was erected. nyder said that the
washhouse was used for storage now.
The Chairman asked Mr. Ryder what he thought the
limit of distance was that DeVincent would be willing
to place the stand from the Turnpike, and Ryder said that
they felt that the proposed location described tonight
was back as far as they want to go. He said that the
land at the corner had been filled in, as the Turnpike
was built three or four feet above the cultivated land,
and the further back, the deeper the fill is. They will
have to fill in to place the stand where they now pro-
pose to place it.
Ioir. Potter asked if a permit could be granted so as
to restrict an entrance from the Turnpike, and the Chair-
man replied in the affirmative.
No other persons wishing to be heard, the hearing was
declared closed a Ei:I.0 The records of the meeting
held on October 1 th %%-'re .eclared anoroved.
It vas decided to meet on Friday, November 6th at
8:00 P. 11. to discuss the petition..
The meeting adjourned at 9:17 P. M.
ieA true record, attest:
Clerk