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HomeMy WebLinkAbout1963-08-121 1 JOINT MEETING WITH BOARD OF SELECTMEN, PLANNING BOARu, AND BOARD OF APPEALS August 12, 1963 Lincoln Cole, Chairman Selectmen: (To Board of Appeals) - This meeting has been called as a result of a letter from you to us. (Dis- pensed with the reading of the letter.) Donald r;. Nickerson, Chairman Board of Appeals: We feel that our Board and other town boards are in an awkward position in respect to Sec. 14 F. and it has been going on for some time. My reference is to the fact that the building inspector is not able to enforce this. Back several years the Board of Selectmen conferred at some length with the Planning Board, Board of Appeals, and Building Inspector -with refer- ence to enforcing this section "products grown on the premises may be sold, etc." At that time Mr. Irwin went to every roadside stand iz 1,exington and made an examination of the materials sold and reported to the Board of Selectmen, who were at that time considering employing another person to execute this supervision of roadside stands. A person comes in for permission to operate a stand for another year. This is one of our easier hearings and always put on as number one or two on the agenda - the question is asked of the petitioner if there is any change - no. Any questions from the Board - no. Anyonein favor - no. Anyone opposed - no. Hearing closed - boom, boom, boom - with the exception of this one petition on Lowell St. for John and Rosina Busa. This started several years ago when Joseph Busa peti- tioned to conduct a roadside stand on the premises at 52 Lowell St. At the hearing objectors came in and correctly stated that we were not holding a legal hearing because the owner of the property was not Joe Busa. Joe stated that as a lessee of the property from his father and mother he thought he should have petitioned. Subsequently John and Angelina came in and the permit was granted. The objectors threatened suit which did not materialize. When it came in last month the ob- jectors came in again making a determined effort to have us deny this petition. We have not done so. We -have let it sit thinking we should present it to this board. It would be an impossibility to enforce be- cause every stand sells other products and because customers want it that way. We can do one of two things (1) Enforce the Section as written; or (2) consider some liberalizing or redesigning so that the roadside stands can sell other materials and not disobey the law. ...ie: Are you -speaking for both boards oe the Board of Appeals? ;kerson: The Planning Board was asked to come because they un - Twill be the ones who will have to draw this thing up, hold and have the article in the town warrant to change the zon- We would like to hear from the chairman of the Planning P of Tannin Board: We discussed this just .e, Chairman Planning J can certainly find the right word. We have done much thinking on this from the point of believing that a roadside stand should not be part ' of our retail business - this should be done in retail stores. Now, that the Planning Board has this thinking, and as far as I am concerned this is their department, and if they believe this way certainly I would agree with their thinking, and in writing or rewriting the zon- ing by-law believe they would have the right terminology and come up with a zoning change that would legally cover this. Reed, Selectman: I am a neighbor of this stand of Busa's and the thing Mat bothers me is that this is a personal grudge. This stand really does very little business - not more than three cars at one time. The thing is going to take care of itself in time - this is the last year for Busa on Grant Street. CIr�: (Planning Board) From the point of view of the Board of Appeals they can only grant a permit if they,are really satisfied they are selling only products produced on the farm. Reed: Time is going to take care of roadside stands. They are limiteUnow. Nickerson: Millicans - there is an emporium of no mean size. Davenport is apparently over in a corner -and is conducting a good busi- ness. _ Mabee: I think this thing should be liberalized as the Board will have to do the mechanics on it. Just give us sounthing to go on. Ii your senior board agrees with the second recommendation, to liberalize, it will have to decide and tell us that we should get on our horse and the Planning Board have a hearing and present this new article. ?: Maybe Town Counsel has.something to say on this. Donald Legro, Town Counsel: This.is. a question I really don't want to answer, ut I think it is an illusion to think that liberaliz- ing by way of defining the products or the volume of products or the percentage of products is going to -be any answer. I -think Mr.-Irwin's survey is an indication of this. Some would not state, some stated 50%, some 85% or 90%. I think your problem of enforcement is going to be greater than it is now. If it is -in the public interest to do so it is perfectly permissible on a renewal request to state that the per- mit was violated and deny it. I don't think you are going to be in,a position to say whether there is a preponderance or 50%. It is going to be a matter of determining how much is involved. Nickerson: Under 14 F we can grant yearly permits only to road- side sta s "for the sale only of products of land of the owner of the stand that is within the Town.rt They can't be wrong unless they have violated the permit. If they sell one item that is not grown in Lex- ington they are in violation and the Board could go in and say rtYou are wrong.'} When you come in for a'renewal and ten conditions have been set down and objectors clearly show that eight conditions have not been lived up to, and we issue a permission, we are double talking. If we deny this one what are we going to do with the next one that Planning Board to rewrite Section 14 F of the Zoning By-laws to liberalize the contents and by wording that provides for practical enforcement. Unanimously voted. We will go on from here. Meeting adjourned at 10:10 p.m. Louise M. Macomber, Clerk 1 i1