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<br />Minutes of the Lexington Zoning Board of Appeals <br />Selectmen’s Meeting Room <br />March 27, 2014 <br /> <br /> <br />Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. <br />McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Carolyn C. Wilson <br /> <br />Staff Present: David George, Zoning Administrator <br /> <br />Address: 409 Massachusetts Avenue, Map 21, Lot 11 and 12 <br /> <br />Continued from December 12, 2013 and February 27, 2014 <br /> <br />The Chairman opened the continued hearing by re-reading the legal notice and asked the <br />petitioner to please give the Board an explanation of what action he would like the Board to <br />take. <br /> <br />Attorney John C. Bartenstein spoke on behalf of himself and Donna Bosco as the applicants <br />for this petition. <br /> <br />After considerable thought and reflection on this petition the applicants would like to withdraw <br />this application with prejudice but asked the Chairman if he could take the opportunity to <br />address issues and concerns they have regarding the circumstances of this petition. <br /> <br />Attorney Bartenstein went over the following concerns: <br /> <br />1) Incentives: After the fact request to modify a special permit receives the same <br />consideration as someone that comes before the Board to request modification before <br />they begin the work. <br />2) Minor modification process: Although it did not happen with this request, there is a <br />concern with the ability of the Board to make a determination for a modification without <br />notification to the abutters. In this case the Board had decided this was not a minor <br />modification and Lexington Toyota came before the Board as an advertised hearing. <br />3) Neighbor’s rights: Troubled with citizens trying to do the right thing. Would like to see <br />something in place that would equalize neighbors and applicants rights to be involved <br />in the process. <br /> <br />Donna Bosco spoke of her disappointment with the process and the way she was made to feel <br />by her corporate neighbor. She agreed with everything Attorney Bartenstein said and spoke of <br />the image she had of the Town government looking out for her has changed. <br /> <br />On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger the Board voted, 5-1 <br />accept the withdrawal with prejudice from Attorney John Bartenstein. <br /> <br />A Board member commented that Attorney Bartenstein and Ms. Bosco should be proud of <br />what they did and do not feel there was an adverse position from this Board but if they feel <br />there was he apologizes. <br /> <br /> <br />Submitted by: Dianne Cornaro, Administrative Clerk <br /> <br /> <br /> <br /> <br /> <br />