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1973-08-07
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1973-08-07
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Zoning Board of Appeals
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Zoning Board of Appeals
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BA-1 to BA-12, Board of Appeals Minutes, 1929-1985
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RE: Planning Office for Urban Affairs (continued) <br />BOARD OF APPEALS HEARINGS <br />August 7, 1973 <br />The five regular members of the Board of Appeals met in the Selectmen's <br />meeting room at 7;30 p.m. to continue the executive session (so-called), <br />which is open to theup blic, except that spectators cannot interrupt or dis- <br />rupt the procedures as the Board members discuss and deliberate in an attempt <br />to come to a decision on the petition of the request of the Planning Office <br />for Urban Affairs, Inc. for a comprehensive permit under the provisions of <br />Chapter 40B, Sections 20-23, for the construction of sixteen town -house type <br />dwelling units upon approximately 97,801 sq. ft. of land located at 56 to 60 <br />Worthen Road, said land being the northwesterly portion of Lot 9A on Map 57 <br />of the Property Map of the Town of Lexington, made by James W. Sewell Company, <br />Old Town, Maine. Construction of this housing is proposed to be financed by <br />the Massachusetts Housing Finance Agency and it is intended that the dwelling <br />units will be made available to persons of low and moderate income, without <br />regard to age, eligible for federal or state subsidy programs. <br />Notice of this date was posted on the bulletin board of the Town Clerk <br />and the Lexington Minuteman newspaper printed advice of the meeting in the <br />headlines on page 1. <br />The Board had invited Mr. Donald K. Irwin, building inspector, to attend <br />to give the Board further information about BOCA versus the Lexington Build- <br />ing and Sign By -Law. During a half hour questioning and according to a letter <br />' he wrote to the Board and other materials in which he explained that BOCA is <br />an organization which has been working for several years to prepare a code <br />which will hopefully be accepted by towns, cities and states, a room full of <br />people including a reporter from the Lexington Minute Man Publications listened. <br />If BOCA is accepted it would succeed the Lexington Building Code. Mr. Irwin <br />said that in some cases BOCA is less strict than our Lexington Code. He repeated <br />that he could give no recommendations to the Board in the case of these 16 units <br />until working drawings and specifications were prepared for his study. Mr. Irwin <br />could offer no guarantee that commission members would not come out with some- <br />thing entirely different then the BOCA code which the Planning Office (petitioner) <br />said they would follow. (see file folder for letter and other materials) <br />The Chairman read a letter from Palmer and Dodge, legal counsel for the town. <br />A review of all the testimony and supporting documents presented at`the July 31 <br />hearing was carefully done. All material including a transcript are in the <br />petitioner's folder in the Board of Appeals' office. <br />Finally it was moved and seconded, by Mr. Sheldon and Mr. Brodhead that the <br />petition be granted with the reservation that if the vote were favorable that <br />conditions could be imposed if deemed necessary. After a short discussion the <br />motion was lost by a vote of 2 to 3, those in favor being Mr. Sheldon and Mr. <br />Brodhead, those opposed being Mrs. Morey and Messrs. Wadsworth and Nickerson. <br />(see the final Denial issued for details of findings and reasons for denial) <br />Respectfully submitted, <br />Z- cla_� <br />Evelyn F. Cole, Clerk <br />
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