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82 <br />0c, <br />c� <br />No one appeared in opposition, but a letter was received <br />' <br />signed by Mr. Howard M. Munroe stating that he did not favor the <br />issuing of a permit for stand at 105 Lowell Street. Mr. Munroe <br />did not give any reason for his opposition. <br />Mr. Cataldo said that he could not understand why Mr. <br />Munroe did not want the permit granted. He stated that he had <br />talked with Mr. Munroe about the stand and Mr. Munroe did not <br />have any objections. <br />Mr. Cataldo said that he leases the property form Mr. Munroe <br />every year. <br />Mr. Cataldo said that he was not trying to put up a stand <br />against Mr. Munroe's wishes. Ue said that he had spent $150 <br />for the awning because he understood that Mr. Munroe was in <br />favor of granting the permit. <br />The Chairman said that the Board has the right to grant a <br />permit to the owner to sell only the products that have been <br />grown on his land. <br />Mr. Cataldo said that when leaning a piece of property, <br />the tenant becomes the owner. <br />The Chairman said that he would have to check with the Town <br />Counsel. <br />Mr. Cataldo said that he would talk with Mr. Munroe to see <br />what his objections were. <br />The hearing was declared closed at 8:55 p.m. and the group <br />retired. <br />' <br />The notice of the hearing was read by Mr. Brown. <br />Mr. Ripley said that the Town Counsel should be contacted <br />to find out whether or not persons leasing property should be <br />termed as the owner. <br />The Chairman retired at 9:00 p.m. to phone the Town Counsel <br />for an opinion on the matter. He returned to the meeting; and <br />said that it was the Town Counsel's opinion that ownership <br />runs to the duly appointed tenant. <br />The Board discussed the application of James Cataldo, and <br />upon motion of Mr. Nickerson, seconded by Mr. Brown, it was <br />unanimously voted to grant the petition in the following form: <br />BOARD OF APPEALS PERMIT <br />The Board of Appeals, acting under the Lexington Zoning <br />By -Law and General Laws, Chapter 40, Sections 25 to 30 as <br />amended, having received a wtitten petition addressed to it by <br />James Cataldo a copy of which is hereto annexed, held a public <br />hearing thereon of which notice was mailed to the petitioner and <br />to the owners of all property deemed by the Board to be affected <br />thereby as they appear on the most recent local tax list and <br />also advertised in the Lexington Minute -Man, a newspaper <br />1 <br />