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Lexington Housing Realty Trust Hearing (continued) -8 ' Shirley Byrne, 77 Wellington Lane: I am a town meeting member and I've been down to Town Meeting and we've just rezoned, some have, I haven't, Flintlock and Drummer Boy. Why wasn't this proposal down to Town Meeting? It seems to me that it's town houses not single houses. We are rezoning property! Mr. Sheldon: Town Meeting is not the route he has to go. Under Chapter 774 or Chapter 40B and all the other legislation the Board of Appeals was granted a great deal of authority. These applications go through the Planning Board for their recommendations and they must go through the Board of Appeals for their approval. I think he took the proper course. Mr. Ostroff: May I express myself. I know the sentiment here. I come from Brookline. We have more low cost housing than any other town in the Common- wealth. (snickers) I didn't make the law. The law was passed by the Legislature and the Supreme Court of Massachusetts saw fit to interpret the law. He referred to Hanover vs. Housing Appeal Commission. They set forth the rules and regulations. Shirley Byrne felt that Mr. Ostroff still didn't answer her question. She still insisted that he say why he didn't go to Town Meeting. Mr. Sheldon reiterated that he doesn't have to go that route. James Zieff, 12 Young St.: I would like you to note that there's a certain sentiment among these people here, in that we moved into single family homes. My background is that of engineer, a developer and contractor. I take excep- tion to Mr. Ostroff's statement that these homes your proposing will fit into our area. This is an area which is heavily travelled. There will be approxi- mately 80 more cars. There will be somewhere around 120 children put into our school system in various grades. The impact of these homes and children and cars will result in a detriment to our neighborhood. CLAPPING Robert A. Goldstein, Attorney: May I step forward please? My name is Robert A. Goldstein. I am an attorney with an office in Waltham, Mass. I have been retained by several residents of Lexington to speak this evening. Mr. Ostroff has stated that he did not pass the law. Mr. Ostroff and this development does have to comply with the law. I want to site to you a case .... of Hanover and also Concord that went up together as one case before the Supreme Judicial Court of Massachusetts. We'll get to that in a minute. First of all I'd like to distribute to you a petition signed by many residents of Lexington in opposi- tion to this proposal. Mr. Sheldon: How many names? Answer: Roughly 200. In case you should think that those opposed are only those here this evening. THE PETITION, 12 pages with approximately 200 names was submitted. Mr. Goldstein: I will, in a matter of moments, get right down to what the law is, what Chapter 774 is, what the statute says and what the courts have said about it.