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Home My WebLink About1980-10-09BOARD OF APPEALS October 9, 1980 ' 7:30 p.m. The Board of Appeals held a regular meeting in the Selectmen's Meeting Room. Present: Ruth Morey, Chairman Woodruff M. Brodhead Natalie H. Riffin Irving H. Mabee Thomas G. Taylor Public hearings were held on the following petitions. 290 Bedford St., Robert L. & Gail C. Vesprini - variance of dimensional controls to maintain existing dwelling. 120 Worthen Rd., Mary M. Hastings - special permit to install a swimming pool. 3 Apollo Circle, Pauline D. & James M. Burke - special permit to install a pool. 20 Wellington Lane, Ronald F. & Linda Campisi - variance of dimensional controls to build additions. 544 Lowell St., Peter Cavallaro - special permit to operate and use commercial greenhouses on property currently owned by Lexington Garden's, Inc. and located at 544 Lowell St. Existing greenhouses will be used for growing horticultural pro- ducts; no wholesale or retail business shall be conducted; products grown on the premises will be taken to market. Petitioner has an option to buy the premises. 388 Concord Ave., George W. Porten - temporary special permit to use a portion of the property for the temporary parking of motor vehicles within the existing fenced in area formerly used by Robert Graves and William Palmer (by SP) for storage of motor vehicles. Route 128, Howard Johnson Co. (restaurant) - special permit to maintain a free standing sign. Decisions filed with Town Clerk. 290 Bedford St. - granted unanimously. 120 Worthen Rd. - granted unanimously. 3 Apollo Circle - granted unanimously. 20 Wellington Lane - granted unanimously. 544 Lowell St. - granted unanimously (expires 10/15/82) . 388 Concord Ave. - denied (by vote of 2 in favor, 3 in opposition); see decision. The regular meeting adjourned at '10:00 p.m. Respectfully submitted, Evelyn F. Cole, Administrative Clerk BOARD OF APPEALS 10/9/80 - At the conclusion of the regularly scheduled hearings it was moved by Natalie H. Riffin that the Board go into executive session for the purpose of discussing matters of litigation. Ruth Morey, Woodruff M. Brodhead, Thomas G. Taylor and Irving H. Mabee so voted individually. The Building Commissioner remained with the Board. The notes that follow were written by the Chairman and later typed by the secretary/clerk of the Board: The Chairman (Ruth Morey) then stated the reason for the executive session as follows: On Tuesday evening (7th) Mrs. Miley informed her that the previous evening tte Selectmen in executive session had approved the Planning Board appealing the 4-1 decision of the Board of Appeals on August 28, posted September 18, to reverse the denial of the building commissioner re. 258 Marrett Road. The Selectmen also had appointed Town Counsel to represent the Planning Board. The Chairman was unable to reach Mr. Cohen until after the appeal had been filed, on Wednesday, just within the deadline. She outlined her conversation with him, that in no way did he feel he could represent the Board of Appeals after his written statements affirming the Building Commissioner's action. Further it was his opinion that a case like this would be helpful in settling similar cases of lot combination in the future. The Chairman stated that she had made a tentative appointment to meet with the Selectmen at their next meeting. Messrs. Taylor and Brodhead reminded the Board that they did not sit on the Butts - Marrett Rd. hearing - that Associates Clarke and Scouler took their places. Peter DiMatteo contributed that he did not realize he was to be included in the ' complaint filed. He had left an executive session of the Planning Board early. He called himself a "reluctant plaintiff". Ensued a general discussion, particularly as to whether this particular case, being an appeal from the Building Commissioner's denial, would clear the general question of combining lots for the future. Also, whether the Butts' (and attorneys) should be left to defend our decision alone or we should ask for counsel, found the Board divided three to two. It was agreed unanimously, however, that we should meet with the Selectmen. Note: The Selectmen requested, later, that our meeting be on October 27. See this report in Ruth Morey's handwriting attached. 1 Respectfully submitted by Ruth Morey, Chairman, BOARD OF APPEALS. r 5 r. ti RON- ev>r f 4�-. ,lj we �,�. ( ,s s G % L✓dn (yt-WLe�' bj � l�Llp� . ��H," 4K&! / Gre /,31i�- � y o la+.�-e�c.e.�.�c,�n. /.iLaa e, erl . � /? ,f,_. _ ..� r ^ � �/L4�aQlLy ,�' .yang, l %�> •dl�LdJ, i_ /�` LG(y Ul �iCr� _./LhCd.� - '3 14 en LvA ---_—E'�...�JL?,La/Lalc.�-..�,x%✓e.ic� �L@.. �4Gl�c.',la'lt�,�. �'�. _[9a�__.-,G/-.-.__l.�.c�u1�v__ l�G� _-- ✓' C`rm rl n r Aot id ucfir ►. <,(" Gcldo_ �w �v uw� �`� a� '`- BOARD OF APPEALS LEXINGTON October 9, 1980 Executive Session At the conclusion of the regularly scheduled hearings (8:55 p.m.) it was moved by Mrs. Riffin that the Board go into executive session for the purpose of discussing matters of litigation. Ruth Frey, Woodruff M. Brodhead, Thomas G. Taylor and Irving H. Mabee so voted individually. The Building commissioner remained with the Board. The Chairman then stated the reason for the executive session as follows: On Tuesday evening (7th) Mrs. Miley informed her that the previous evening the Selectmen in executive session had approved the Planning Board appealing the 4-1 decision of the Board of Appeals on August 28, posted September 18, to reverse the denial of the building commissioner re. 258 Marrett Road. The Selectmen also had appointed Town Counsel to represent the Planning Board. The Chairman was unable to reach Mr.. Cohen until after the appeal had been filed, on Wednesday, just within the deadline. She outlined her conver- sation with him, that in no way did he feel he could represent the Board of Appeals after his written statements affirming the Building Commissioner's action. Further it was his opinion that a case like this would be helpful in settling similar cases of lot combination in the future. The Chairman stated that she had made a tentative appointment to meet with the Selectmen at their next meeting. Messrs_ Taylor and Brodhead reminded the Board that they did not sit on the Butts - Marrett Rd.,hearing - that Associat9sClarke and Scouler took their places. Peter DiMatteo contributed that he did not realize he was to be included in the complaint: filed.: He had left arn,emecutive Sesai.on of the Planning Board early. He called himself a "reluctant plaintiff". Ensued a general discussion, particularly as to whether this particular case, being an appeal from the Building Commissioner's denial, would clear the general question of combining lots for the future. Also, whether the Butts' (and attorneys) should be left to defend our decision alone- or we should ask for counsel, found the Board divided three to two. It was agreed unanimously, however, that we should meet with the Selectmen. Note: The Selectmen requested, later, that our meeting be on October 27.