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' BOARD OF APPEALS MEETING February 2, 1940. A meeting of the Board of Appeals was held in the Selectmen's Room, Town Oi:fice Building, at 7:30 P.M. Chair- man Maddison, Messrs. Ferguson, Kimball and Glynn and Associate member Winthrop H.. Bowker were present. The Secretary was also present. The meeting was called to discuss the petition of Haskell Reed, Executor, for permission to remove excavated fill from the land in the rear of 72 Lowell Street, Lexington. The original 'nearing was field on Jan. 26, 1940. The Chairman said that he had taken up the question of the authority of the Board in granting the petition in ques- tion with the Town Counsel. Mr. u'drightington said.he thought the Board would be ;justified in granting the petition as the mounds had evidently been there for a great many years and it was more in the nature of a general improvement which would help the neighborhood rather than otherwise. In view of the testimony given by Mr. Reed at the hear- ing, which was borne out by an examination of the premises, and it appearing that it would be an improvement to the neighbor- hood, and in view of the fact that the proposed work does not deplete t_ze value of the land but in the Board's opinion does improve the land for future development and that there is not erou,Ch fill above the surrounding land to Crake this fill of special value as a continuous operation, it was voted to grant the petition in the following form: BOARD OF APPEALS PERMIT The Board of Appeals, acting under General Laws, Chapter 40, Sec. 27, having received a written petition addressed to it by Haskell Reed, Executor, a copy of vh ich 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, Town Office Building on the 26th day of January, 1940, 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 as executor he owned the lot of land at 72 Lowell Street and that for a great many years there had been some mounds of stones, some gravel, and practically no loam on the property;