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404 Bedford St. Hartwell Avenue Connector Selectmen's Meeting January 21, 1974 "This letter will confirm our understanding as to the course of action to be followed in trying to resolve the dispute which has arisen as a result of the removal of fill from Brulington Arcade Associates' property in Lexington on January 5 and 7, 1974. As you know, it is the Town's position that the removal of -fill from the Lexington portion of the property to.the Burlington portion is a violation of both the Zoning By -Law and the Earth Removal By -Law, and cannot be done except in accordance with a special permit issued under the Earth Removal By -Law by the Board of Appeals. In the event of enforcement proceedings, the Town would seek a mandatory injunction ordering that the fill which was removed from the Lexington portion of the property be returned or replaced. On Mr. Bernard's representation that Burlington Arcade Associates will in the near future apply to the Board of Appeals for a permit under the Earth Removal By -Law to remove the fill which has already been removed as well as to show how it proposed to grade and finish off the site, and will pending a decision on that application refrain from any further earth removal activities on the Lexington portion of the property, the Board of Selectmen is agreeable to delaying the institu- tion of enforcement proceedings until the Board of Appeals has had an opportunity to act on the application. If the Board of Appeals grants a permit on conditions which are acceptable to Burlington Arcade Asso- ciates, then presumably the dispute will have been resolved. If the Board of Appeals does not grant a permit or grants a permit which Burlington Arcade Associates refuses to accept, then presumably the dispute will go to litigation. Pending a decision by the Board of Appeals, Burlington Arcade Associates will take such action as it deems necessary to secure the safety of the site. Such action shall not include the removal of any further fill from the Lexington portion of the property. If such action will involve earth moving with heavy equipment on, the Lexington portion of the property, notice thereof shall be given to the Lexington Building Inspector." The Board agreed to write to the Planning Board and request that the Design Advisory group look at the situation as it now stands and to prepare a recommendation as to what the Towns position should be at the hearing held by the Board of Appeals; in particular, what requirements should be made of the developer in order to make the area as presentable as possible from our point of view. Also, if necessary, the Engineering Department will assist the Design Advisory group upon request. Chairman Kenney informed the Board that a meeting has been arranged in Commissioner Campbell's office on February 13, at 2:00 p:m. to dis- cuss Bedford Street and the Hartwell Avenue connector. It was agreed to invite Planning Director Briggs and Representative Cole to accompany the Selectmen to the .meeting .