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POSTERNAK, BLANKSTEIN & LUND <br />ATTORNEYS AT LAW <br />100 CHARLES RIVER PLATA <br />BOSTON. MASSACHUSETTS 02119 <br />(617) 367-95% <br />ERIK LUND <br />NOEL G. POSTERNAK <br />RICHARD K. BLANKSTEIN <br />ROBERT T. HARRINGTON <br />DONALD H. SIEGEL <br />JOHN B. CONNARTON. JR. <br />GEORGE E. CHRISTODODLO <br />SCOTT HARSHBARGER <br />ROBERTA F. BENJAMIN <br />PAUL R. SCHNEIDER <br />STANLEY N. WALL.ERSTEIN <br />MARINA PAIGE BARTLEY (Pa.) <br />DAVID J. HATEM <br />IRA J. DEITSCH <br />ROSANNA SATTLER <br />FERDINAND ALVARO, JR. <br />Ruth Morey, Chairwoman <br />Lexington Board of Appeals <br />Town Office Building <br />Lexington, Massachusetts 02173 <br />f �r <br />Ke , "Se tt)%r1�%ac d r e4) <br />January 13, 1981 <br />Re: Lexington Planning Board v. Lexington <br />Board of Appeals <br />Dear Ruth: <br />This is simply to report that I have entered my <br />appearance on behalf of the Board, have been in touch with <br />Pat Hagedorn and obtained copies of the relevant information <br />from her file, and am pressing Palmer & Dodge to agree to a <br />factual stipulation so that this matter can be heard by the <br />Court at an early date. <br />My initial impression on a review of the papers <br />and the relevant statute and provisions of the Lexington <br />zoning by-law is that the Butts' petition placed before <br />the Board a question of fact, i.e. whether or not the adjacent <br />lots had been combined, that the Board had the power to decide <br />that question of fact, and that the decision made by the Board <br />is justifiable. I would caution that this is strictly a <br />preliminary impression, but I thought you would be interested <br />to know that the case is not as clear-cut as Palmer & Dodge <br />claims. <br />I was also interested to discover that in June, 1967 <br />the Planning Board's article to do away with the protection <br />of the zoning by-law for these contiguous lots which were in <br />a single ownership was presented to the Town Meeting by me. <br />Since it failed, this probably accounts for my strong recollection <br />of the event. <br />EL: am <br />Best reg ds, <br />Erik Lund <br />