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