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HomeMy WebLinkAbout1943-10-15BOARD OF APPEALS MEETING October 15, 1943 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building, on Friday, Oct. 15, 1943 at 8:00 P.M. Chairman Glynn, Messrs. Maddison, Bowker and Nickerson were present. Mr. Locke could not be present and Associate Member Brown attended in lar. Locke's place. The Clerk was also present. The records of the meeting held on June 25, 1943 were declared approved. At 8:00 P.M. hearing was declared open upon the peti- tion of Frank A. Napoli for a renewal of his permit to main- tain the existing roadside stand on Marrett Road. Mr. Napoli appeared in favor of the granting of the petition. No persons appeared in opposition. The Chairman asked if there were any changes in the stand and Mr. Napoli replied that no changes had been made and that he would sell only produce grown by him. The hearing was declared closed at 8:05 P.M. At 8:15 P.M. hearing was declared open upon the petition of R. Lockwood Tower, et al for permission to maintain the existing real estate office and sign on lots 51A and 52A, Follen Road. Mr. W. S. Caouette appeared for the petitioner. No persons appeared in opposition. Mr. Caouette stated that the sign and the building were the same as last year. The sign has been re -painted and the grass has been kept mowed. The hearing was declared closed at 8:17 P.M. The Chairman stated that the the renewal of a permit which has eight years and Napoli has always tions. Upon motion of Mr. Maddison, it was unanimously voted to grant the following form. Napoli petition was for been granted for six or lived up to his obliga- seconded by Mr. Bowker, the Napoli petition in BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to N as amended, having received a written petition addressed to it by Frank A. Napoli a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to thb petittbper and to the owners of all property deemed by the • C] 0 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 hear- ing was held in the Selectmen's Room, in the Town Office Building on the 15th day of October, 1943• One Associate and four members of the Board of Appeals were present at the hearing. A certificate of notice is here- to annexed. At this hearing evidence was offered on behalf of the petitioner tending to show: That he wished h permit for a period of one year expiring on May S. 1944 to conduct a roadside stand on property of Frank A. & Mary Napoli, located on Marrett Road and Middle Street; that there had been no changes made in connection with the existing roadside stand hnd that there had been no parking of automobiles on Marrett Road. No evidence was offered in opposition. At the close of the hearing the Board in private session on October 15, 1943 gave consideration to the sub- ject 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. 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 oaring 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. Pursuant to the said findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Frank A. Napoli to maintain a temporary roadside stand on Marrett Road on the land of Frank A. and Mary Napoli for the purpose of selling only the products grown on their land in the Town of Lexington, and that said stand be main- tained on the location as now existing; they to provide a sufficient parking space for automobiles to prevent traffic • congestion on Marrett Road; this permit to expire May 8, 1944. on I, Hazel T. Murray, Clerk of the Board of Appeals of • Lexington, appointed under General Laws, Chapter 40, Sec. tion 27, hereby certify that I sent by postage certificate of mailing on the 30th day of September, 1943 to John Waugh, Charpes W. & Mary A. Fittz, Albert A. Ross, Norwal K. Chapman, Robert P. Trask, Thomas J. & Jennie Heaney, Russell S. Bray, Hobert J. Fawcett, Watertown Cooperati-ve Bank, Carl V. Olson, Raymond L. & Anna S. White, Neil McIntosh, Patrick & Helen K. Mackin , Edwin H. & Mary E. Halvorsen, William A. Melby, Pasquale Panetta, Emily R. Scheibe, Marie A. Miller, Ralph M. & Eleanor R. Blair, Alma S. Hammond, Wilbur R. Fletcher, Thomas D. & Elizabeth Warren, Ernest E. & Catherine E. Rogers, Mary B. Thurlow and Frank and Mary Napoli, and also advertised in the Lexington Minute Man on September 30, 1943, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals September 8, 1943. Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: 0 The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sec- tions 25 to 30 as amended, to vary the application of Sec- tion 9F of the Lexington Zoning By-law with respect to the premises at Marrett Road, owned by Frank A. and Mary Napoli of 23 Middle Street, by permitting the following:, Mainten- ance of the existing roadside stand for the sale of farm products produced on the land. Frank A. Napoli 23 Middle Street Lexington, Mass. N O T I C E Lexington, Mass. September 30, 1943 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permitting on the premises owned by Frank A. and Mary Napoli, and located at Marrett Road about two hundred feet northwesterly from the corner of Middle:Street, Lexington, the maintenance of • the existing roadside stand for the sale of produce grown on the premises, under the Lexington Zoning By-law and in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws and amendments. The hearing will be held on October 15, 1943 at 8:00 P.M. in the Selectmen's Room, Town Office Building, Lex- ington, Mass. C. EDWARD GLYNN Chairman, Board of Appeals 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 deci- sion 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 (Acting under the Lexington Zoning By-law and General Lawst C. ED11,'ARD GLYNN D. E. NICKERSON ARTHUR N. MADDISON WINTHROP H. BOMR J. MILTON BROWN Upon motion of Mr. Maddison, seconded by Mr. Bowker, it was unanimously voted to grant the Tower petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under the Lexington Zoning By-law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by R. Lockwood Tower, et al 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 news- paper published in Lexington, which hearing was held in • so the Selectmen*s Room, in the Town Office Building on the 0 15th day of October, 1943. 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.behalf of the petitioner tending to show: That he desired to maintain the existing real estate Office and sign on Lots 51A and 52A, Follen Road, owned by R. Lockwood Tower (Mr. W. S. Caouette appearing for the petitioner); that there had been no change in the building since the granting of the previous permit, except that it had been re -painted; that the grass had been kept mowed, and that it was.in a neat and clean condition. No one appeared in opposition. At the close of the hearing the Board in private session on October 15, 1943 gave consideration to the sub- ject 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. 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 loous in question would involve substantial hardship to the peti- tioner 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 findings, the Board hereby unanimously decides that the application of the Lexington Zoning By-law is hereby varied so fax as may be necessary to permit R. Lockwood Tower, et al to maintain a real estate office and sign on Lots 51A and 52A, these being the lots on the southwesterly corner of Follen Road -,,and Locust Avenue Extension and owned by H. Lockwood Tower, et al, with the provision that the property shall be kept in a neat and attractive appearance; that the sign shall not -exceed 3' x 5'; and that the building shall be used as an, office building only; further that the building shall be removed within three months of the expiration of this permit; this permit to expire on August 23, 1944. 11 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, and 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 LERINGTON (Acting under the Lexington Zoning By-law and General Laws) C. EDWARD GLYNN D. E. NICKERSON A. N. MADJISON WINTHROP H. B0.MR J. MILTON BROWN I, Hazel J. Murray, Clerk of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Sec- tion 27, hereby certify that I elent by postage certificate of mailing on the 30th day of September, 1943 to Louise R. Faulkner, J. Howard & Carolyn S. Atkins, Walter & Hilda B. Smith, Randolph S. & Evelyn G. Juthe, Kenneth P. & Ruth L. Clarke, Paul E. & Frances K. Wilson, James P.& Elise B. McCarthy, Edwina F. Cotton, Mary L. & Winifred L. Holman, Henry D. & Mary C. Miller, Howard N. & Eleanor S. Kumer, Arthur W. & Malvina A. Gosselin, Warren F. & Mildred G. Coward, Daniel A. Jr. & Edith J. Carpenter, Francis J. & Eleanor L. Moore, Roy L. Jr. & Mildred G. Frost and W. S. Caouette, and also advertised in the Lexington Minute -Man on September 30, 1943, a notice of which the following is a true copy. Hazel J. Murray Clerk, Board of Appeals. September 24, 1943 Lexington Board of Zoning Appeals Town Office Building Lexington, Mass. Gentlemen: . The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of Section 4 of the Lexington Zoning By-law with respect to the premises at Lot 51 Follen Road, owned by R. Lockwood Tower, et al, by permitting the following: Maintenance of a Real Estate Office and Sign. N 0 T I C E R. Lockwool Tower, et al by W. S. Caouette, Agent 1710 Mass. Avenue. Lexington, Mass. Lexington, Mass. September 30, 1943. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning By-law by permit- ting on the premises owned by R. Lockwood Tower, et al, and located at Lot 51, Follen Road, Lexington, the maintenance of a Real Estate Office and Sign, under the Lexington Zoning By-law and in accordance with Chapter 40, Sections 25 to 30 as amended of the General Laws and amendments. The hearing will be held on October 15, 1943 at 8:15 • P.M. in the Selectmen's Room, Town Office Building, Lex- ington. C. EDWARD GUNN Chairman, Board of Appeals, The meeting adjourned at 8:25 P.M. A true record, Attest: