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BOARD OF APPEALS July 12, 1979 The Board of Appeals held a regular meeting in the Selectmen's Meeting Room beginning at 7:30 p.m. Present: Ruth Morey, Chairman Woodruff M. Brodhead Irving H. Mabee Thomas G. Taylor Natalie H. Riffin Public hearings were held on the following petitions, notices of hearings having been mailed and advertised as required by statute. 35 Hartwell Ave., Millipore Corp. - special permit for a standing sign. 40 Tower Rd., Theldon E. and Mary E. Phinney - variance to maintain dwelling as located. 53 Downing Rd., David w. Shapiro - variance to build a two story addition. 12 Woodpark Circle, James D. and Eleanor R. Bruce - special permit for a pool. 1620 Mass. Ave., G. Ruth McCormack and Maryelene Dailey - variance and/or special permit for an addition. Decisions filed with Town Clerk. 35 Hartwell Ave. - unanimously granted. ' 40 Tower Rd. unanimously granted. 53 Downing Rd. - unanimously granted. 12 Woodpark Circle - unanimously granted. 1620 Mass. Ave. - denied unanimously. 'J Other Discussion, Action, etc. 93 -Hancock St., Lexington Garden, Inc. - Judge Young's decision re. Lexington Gardens v. Board of Appeals received; also letter from Palmer & Dodge. The Board had denied SP to construct two greenhouses. Lex. Gardens appealed decision. Court Decision had been reviewed by Irving Mabee and Thomas Taylor. Tom Taylor, as Board member and Attorney wrote a letter to Ruth Morey. Letter read to Board. Partial quote follows: "I think the Judge is saying that we cannot deny a SP for the new greenhouses. We can 'regulate' them by imposing reasonable conditions... ....we cannot impose conditions that would have the effect of making the green- houses unusable. The Judge also said that the open space requirement is not valid restriction on agricultural uses. It is my feeling that an appeal of this ruling at this stage would be a waste of the town's money because we would probably lose. It is my suggestion that we hold a new hearing, grant the permit, and put on what- ever restrictions seem advisable." ACTION: Board voted to send a copy of letter to the Selectmjen and Town Counsel. (ref. 93 Hancock St. file 1979) 136 Cedar St., Harvey Newgent et al - Mr. Newgent wants to know if we would hear a new request from him re. his lots. ACTION: Board agreed to hold hearing if Planning Board will agree to a new hearing. (Board believes P/B vote negative.) 10 Pelham Rd., Grey Nuns - A request (telephone) for a meeting to discuss possible of their buildings received. (Home Case and Boy's School) suggested - Tues., July 16, 4:30 p.m. at Grey Nuns' office. and Natalie Riffin attended, also E.C. (see 7/26/79 hearings). new occupants Meeting date P.S. Chairman