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HomeMy WebLinkAbout1942-11-06BOARD OF APPEALS I:JEETING November 6, 1942 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, at 8:00 P. II. Chairman Glynn and Messrs. Bowker and Nick- erson, and Associate Ivembers Ballard and Redman were present. The Clerk was also present. The meeting was held to discuss the application 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 Board considered from the plan submitted to it showing the desired location and the evidence offered at the hearing, that any other location consider- ably removed from the line of the Turnpike so that such a location would not attract patronage from those travel- ling upon the Turnpike, would be wholly unacceptable to the applicant, and consequently, acted only upon the location submitted. Upon motion of Mr. Bowker, seconded by Mr. Ballard, it was unanimously voted to deny the petition in the following form: The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Ernest DeVincent, 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 Build- ing on October 30, 1942. Two Associates and three riembers 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 to erect a building, 2m'' x 25' with cellar, and maintain therein a roadside stand for the storage and sale of products grown upon his own land in • • 0 1• • the town, and to be located on his land on Pleasant Street at a point near its intersection with the Cambridge Concord Turnpike, so that the nearest corner of the building would be 55' from the southerly line of the Turnpike, according to plan submitted; that it was the intention to keep the stand open during daylight hours and until eight or nine o'clock in theevening; that there would be an entrance and exit provided from Pleasant Street; that any location far enough from the line of the Turnpike so that customers would not be attracted therefrom by the display of produce or other means, would not be acceptable. Evidence was offered on behalf of citizens opposing the granting of the said petition tending to show: No evidence was offered in opposition to the granting of the petition. At the close of the hearing the Board in private session on November o, 1912 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 not be substantially served by the making of the exception requested. 2. That the exception requested will tend to impair the status of the neighborhood. 3. That the exception requested will not 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 not involve practical difficulty and unnecessary hardship and the relief requested may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby denies. the said petition of Ernest DeVincent for the maintenance of a roadside stand on his land on Pleasant Street near its intersection with the Cambridge -Concord Turnpike, and in doing so has given particular consideration to the fact that the location requested is so near to the line of the Turn- pike as to have the effect of being located thereon, in 59 that the display of produce, signs, etc., would have the effect of bringing customers to the stand from those passing on the Turnpike. The Board considers any activity of the kind, which tends to stop or slow down traffic upon the Turnpike creates a traffic hazard, and in every way defeats the purpose for which that way was built. 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 a public record 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. EDWARD GLYNN WINTHROP H. BOWKER D. E. NICKERSON LESTER T. RED1,1AN WALTER C. BALLARD I, Eleanor M. Lowe, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certi- ficate of mailing on the 30th day of September 1942, to Robert L. Ryder, Lily C. Johanson, Henry S. laoody, Tr., Seiler's 1775 House, Inc., and Ernest DeVincent, and also advertised in the Lexington Yinute-lean on October 15, 19422 a notice of which the following is a true copy. ELEANOR Y. LOV7E Clerk, Board of Appeals Lexington, Mass. October 15, 1942 NOTICE 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 Ernest DeVincent, and located at • I 0 the junction of the Concord Turnpike & Pleasant Street, Lexington, the construction of a roadside stand for the sale of produce and products of the lands of the peti- tioner, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws and amendments. The hearing will be held in the Selectmen's Room, Town Office Building, Lexington, on October 30, 1942 at g:00 P. 1"I. C. EDWARD GLYNN Chairman, Board of Appeals October 10, 1942 Lexington Board of Zoning Appeals Town Office Building Lexington, T:'_ass. Gentlemen: The undersigned hereby petitions the Lexington Hoard of Appeals, appointed under General Laws, Chapter 40, • Section 27, to vary the application of section nine of the Lexington Zoning By-law with respect to the premises at the junction of the Concord Turnpike and Pleasant Street, owned by Ernest DeVincent of Lexington, by permitting the following: construction of a roadside stand for the sale of produce and products of the lands of the petitioner within the town. Ernest DeVincent 76 Concord Avenue Lexington, Mass. The records of the meeting held on October 30th were decalred approved. The meeting adjourned at 9:37 P. 11. true record, Attest: ------------------- Clerk