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HomeMy WebLinkAbout1975-05-08BOARD OF APPEALS HEARINGS May 8, 1975 A regular meeting of the Lexington BoardofAppeals was held on Thursday, May 8, 1975 at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office Building. Present were: Chairman Nickerson, Vice Chairman Wadsworth, members: Ruth Morey and W. Brodhead, associate member Robert M. Gary. The petition of Dean H. Curtin, Curtin Realty Associates was withdrawn by the petitioner by letter. The Board acted on the following matters and made the following decisions: Board members present signed the Comprehensive Permit to be issued to The Planning Office for Urban Affairs (St. Brigid's Housing). The Board voted unanimously to approve the request of Mr. Ray Cone, Tektronix Inc., "to shift the access road to Hartwell Avenue according to their drawing B-75062" and directed the chairman to write a letter to that effect. The Board voted to accept the Town Counsel's advice and add the following to the Addendum to the Rules and Regulations of the Lexington Board of Appeals, after approval is obtained from the Board of Selectmen. "The filing fee required hereunder is not in lieu of any other fee required by law. If a permit is granted hereunder, the applicant shall pay the fee required for a building or other permit at the time of submission of detailed plans and specifications to the Building Commissioner." (See Selectmen's correspondence file for more data.) The petition which follows is the petition which was withdrawn by the petitioner after notices were mailed to abutters and abutters of abutters, etc. and after the notice had been published in the Lexington Minute-Manrnewspaper. Dean H. Curtin, Curtin Realty Associates - variance from Section 26.51 to build a house 33' x 28' on a 50 foot lot located at 23 Shade Street with 7'8" and 7'7" side yards in lieu of the 10 foot side yards required for a lot with more than 50 ft. frontage. The lot frontage is 51.20' by virtue of the fact that the street at this particular juncture is not perpendicular to the lot lines and in fact, the lot is a 50 foot lot. The majority of lots in the area are 50 foot lots, acoording to the petitioner. Subject property is presently owned by Peter G. Gaudun and under agreement to be sold to Curtin Realty Associates. Public hearings were held on the two following petitions, notice having been mailed to the abutters and owners of land next adjoining the land of the abutters and also owners of land in adjacent towns as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man and copies were given to town officials and boards who will or might be affected by decisions made. Oneida Corporation - special permit pursuant to Section 38.2 of the Lexington Zoning By -Law for the development of seventy (70) dwelling units comprising the first phase of Drummer Boy Green, approved at Town Meeting on May 6, 1974. The development is described in considerable detail in the materials submitted to May 8, 1975 hearings (continued) -2 ' the Board of Appeals and complies in all respects, according to the petitioner, with the requirements of the RD multi -dwelling district except to the extent that variances are requested below. The property involved is located on Bedford and Winter Street, as shown on the plan submitted to the Board. Variances are requested from the provisions of Section 27 of the Lexington Zoning By-law (Schedule of Dimensional Controls) to permit the minimum distance between buildings to be reduced below thirty (30) feet, to permit front, side and rear yards to be reduced below forty (40) feet, and to permit the minimum lot area to be reduced below ten (10) acres, all as indicated on plans accom- panying the Petition to the Board of Appeals. A variance is also requested to permit certain land of Oneida Corporation to be included as part of the tract for the purposes of satisfying the require- ment under Section 38.27 that at least twenty-five (25%) percent of the total area of the tract be unbuilt upon and set aside for conservation, such land which Oneida Corporation seeks to have included being now owned by him and shown as Lot 4 on the subdivision plan accompanying this Petition but which, at the request of the town, was not rezoned to RD and therefore is not part of the tract as defined in Section 38. C-R Trust by its agent Martin Forsberg - a special permit under provisions of Section 12.2 of the Lexington Zoning By-law, in accordance with a plot plan submitted to the Board of Appeals entitled "Proposed I.M.C. Rt. 128". Loca- tion of Property: Westerly of Route 128; southerly of the Route 2 interchange, and bounded by the City of Cambridge Hobbs Brook Water Basin and the Lexington/ Waltham Town Line. The parcel contains 11.81 acres of land, more or less. The parcel is shown on Lot B on a plan entitled "Plan of Land in Lexington, Mass.", dated February 10, 1975. The petitioner seeks a special permit under provisions of Section 25.23 of the Use Regulation Schedule of the Lexington Zoning By-law, to permit the erection of an Incoming Mail Center (I.M.C.) to be owned and operated by the United States Postal Service providing mail service to nine postal offices including the Town of Lexington. United States Postal Vehicles will be based at this facility. The property is in a CR zone. The petitioner also seeks a special permit under the provisions of Sec- tion 37.4 of the Lexington Zoning By-law to excavate and fill that portion of said premises within said District (Section 22.5). Also, the petitioner+ seeks a variance as to the frontage requirements for Lot "A" containing 19.01- acres in the RO Zoning District, and Lot "B" contain- ing 11.81- acres in the CR Zoning District, and approval of said plan under the Subdivision Control Law. Following the hearings the Board made the following decisions in public ' open meeting: Oneida Corporation - granted unanimously with the following conditions: May 8, 1975 hearings (continued) -3 Conditions imposed on the Oneida Corporation Permit: (1) That formal approval shall be secured from the State Department of Public Works for the access off the jug handle on Bedford St. (2) That a 50 foot right of way will be maintained, cleared to a width of 30 feet, and with a 24 foot pavement width for traffic. (3) That Lot 4, containing 10,346± acres and as shown on a plan entitled Drummer Boy Green, Lexington, Mass., Lot Layout Plan, by Boston Survey Consultants, Inc. for Spaulding and Slye Corp., Sheet 1 of 4, dated October 25, 1974, revised December 6, 1974," shall be conveyed to the Town of Lexington for conservation purposes prior to the beginning of construction of the first phase of the Drummer Boy project. The owner shall provide an opinion satisfactory to the town counsel that it has good and marketable title to such lot. (4) That an easement over the land shown on Map entitled 11SP-1" as a 50' setback along the northerly and northwesterly borders of the property being approximately 50 feet in width be conveyed to the Town prior to the beginning of construction of the first phase of the Drummer Boy project. The owner shall provide an opinion satisfactory to the Town Counsel that it has good and marketable title to such area. (5) It is understood that the Petitioner shall comply with all the rules and conditions required under Section 38. (6) A building permit must be obtained from Lexington's Building Department. (7) Construction on the first section must begin within one year. This Board of Appeals Permit and the Variances granted do not exempt the Petitioner from obtaining any other permit which might be required by statute. According to State law this must be registered at the Registry of Deeds by the Petitioner. C-R Trust - The Board briefly discussed in open session the subject of the petition. The Board concluded that since the opinions of the police and fire departments were not known they could not make a decision. At 11 p.m. by unanimous vote of the Board the Thursday, May 8, 1975 meet- ing was postponed to May 10, Saturday at 9 a.m. During the interim before 9 a.m. May 10, both the Police Chief and Fire Chief were contacted. The Chief of Police had no fear of complications if the permit was granted. The Fire Chief felt that there was complete coopera- tion between the departments of Lexington and Waltham and cited that mutual alarms were sounded in all border cases. May 10, Saturday (C-R Trust continued) C-R Trust continued ' May 10, Saturday 1 -4 At 9 a.m., Saturday, May 10, the Board of Appeals assembled, per notice, in the Selectmen's Room. On Saturday before the meeting was officially opened a number of Waltham officials request a re -opening of the hearing, but were informed that we were in continued open executive session and they could listen but not comment. Their reason for appearing they said was that Waltham had not been notified. The Mayor and Planning Board of Waltham had been notified and we have the Post Office certificate of mailing to prove it. They had neglected to respond until too late (after our advertised hearing had been held.) After nearly an hour of discussion a motion was made by Mr. Brodhead, seconded by Mrs. Morey, to grant the petition. The vote was nobody in favor, five opposed, constituting a unanimous denial of the Petition. Therefore, C-R Trust - denied with the statement: We believe further study should be made and a better site selected. The conflicting claims of both petitioner and the opponents have merit although absence of official complaints from the cities of Waltham and Cambridge and absence from the hearing May 8th after both cities had been officially notified indicates carelessness on their part. State Health Department approval was lacking and must have been secured as the size of the problem exceeds the Lexington Board of Health's power to approve. The traffic problem should be better solved. All pertinent material is on file in the Board of Appeal's office. The Saturday meeting adjourned at 9:55 a.m. Respectfully submitted, Evelyn F. Cole, Clerk/Secretary COPY 1 PALMER & DODGE ONE BEACON 5TREFT BOSTON March 119 1975 Mr. Donald Irwin Building Commissioner Town Office Building Lexington, Massachusetts 02173 Dear Don: (Interfaith Corporation) After reviewing the material which you furnished me and examining the law, I have concluded that you should ask for the building permit fee from Interfaith Corporation. For the future, in order to be safe, I sat asking the Board of Appeals to consider amending Section B 1 a of their Addendum to the Rules and Regulations of the -Lexington Board of Appeals by adding the following two sentences. "The filing fee required hereunder is not in lieu of any other fee required by lay. If a permit is granted here- under, the applicant shall pay the Pee required fora building or other permit at the time of submission of detailed plans and specifications to the Building Commis- sioner." I r Mr. Donald Irwin -2- March 11, 1975 I shall ask the Board of Appeals to let you know whether they ere agreeable to the suggestion. Very truly yours, Norman P. Cohen NPC/web c.c. Board of Appeals JUNE 1975 ADDENDUM TO THE RULES AND REGULATIONS OF TILE LEXINGTON BOARD OF APPEALS A. AUTHORITY 1. This Addendum to the Rules and Regulations of the Board of Appeals of the Town of Lexington, Mass. has been adopted by vote of said Board of Appeals on February 10, 1970 pursuant to the authority contained in Chapter 40B of General Laws, as amended by Chapter 774, Act of 1969. 2. The Rules and Regulations contained herein apply only'to the construction of housing for people of low and moderate income by a public agency, a non-profit organization or a limited dividend corporation, as defined under the laws of the Commonwealth of Massachusetts, when such construction is financially aided or subsidized by the Commonwealth or by the United States. B. SUBMISSION PROCEDURE 1. Except where the submission of any item is specifically waived by the Chairman or by the majority of the Board of Appeals, all of the following items and infor- mation shall be delivered to the office of the Board of Appeals during the normal office hours or at a hearing of the Board of Appeals to constitute the submission of an application for a comprehensive permit: a. .Filing fee in the form of a check for $250.00 made out to the Town of Lexington. *The filing fee required hereunder is not in lieu of any other fee required by law. If a permit is granted hereunder, the applicant shall pay the fee required for a building or other permit at the time of submission of detailed plans and specifications to the Building Commissioner. b. Three copies of the completed application (see Appendix C). e. If the applicant is a copporation - certified corporate vote Iden- tifying the individual authorized to act on behalf of the corporation; if the applicant is a Trustee or the Trustees jointly, a certified copy of the Declaration of Trust describing the power of the Trustees to act. d. A certificate from the Massachusetts Commissioner of Corporations and Taxation that the applicant is registered as a non-profit or a limited dividend corporation, as applicable. e. Two copies of a letter identifying the subsidizing federal or state agency to which application has been made and identifying the subsidy program. f. Eight copies of site and building plans, certified by a registered professional engineer or architect, registered land surveyor or land- scape architect, as applicable, as to compliance with Town of Lexington, Commonwealth of Massachusetts or Federal Housing Administration laws and regulations, bearing the appropriate registration seal and showing the following information: c Addendum to Rules and Regulations of Lexington Board of Appeals -2 (1) Site plans showing topographic changes, information on soils, dimensions, location, materials and construction of any utilities, roads and other improvements, including cross-sections, profiles, details and specifications, also the locations and dimensions of any buildings and structures, existing and proposed. (2) Plot plan of the entire housing development showing distances, bearings, radii and tangents of all lot or property lines, all streets, rights of way, easements and the names of all abutting owners and of all easement rights` holders. (3) Floor, roof and foundation plans of all buildings, also elevations, wall sections and electrical, plumbing and other mechanical plans. Construction details shall be shown and materials and specifications listed. 2. For the purposes of these Rules and Regulations a housing development shall be defined to include the entire parcel of land to be used for the construction of dwellings and all the changes and improvements to be undertaken thereon incidental to providing subsidized housing. The word applicant means the owner or owners of the land or a duly authorized agent or attorney. C. PROCESSING OF PLANS 1. Upon the receipt of all the items enumerated above, the Board of Appeals shall _ - �------distribute copies thereof to other local boards and agencies as follows: 1 set of plans an 1 set of plans, I from the sub 1 set of plans to I set of plans to 1 set of plans to 3 1 copy of application to the Selectmen, copy of application and 1 copy of letter of commitment >idizing agency to the Planning Board, the Board of Health, the Building Inspector, the Town Engineer. 2. The Chairman of the Board of Appeals may also send copies of all or any of the plans and of the supplementary material to such other agencies as he may deem appropriate, including, but not limited to, the Town Counsel, the Fire Department, the Police Department, the Conservation Commission, the Traffic Safety Committee, the Historic Districts Commission, the Metropolitan Area Planning Council and the Massachusetts Department of Natural Resources. 3. A public hearing on the proposed housing development shall be held by the Board of Appeals within 30 days of the receipt of the complete application; such hearing shall be advertised in the local newspaper twice, the first notice not less than 14 days prior to the date of the hearing. The notice of hearing shall contain at least the following information: a. Place, date and time of the hearing; b. Name of the applicant; c. Location of the proposed housing development sufficient for identification and acreage of the parcel; and Addendum to Rules and Regulations of Lexington Board of Appeals d. Number and type of dwellings proposed; e. Federal or state subsidy programs involved and the general income -3 and age groups for which the housing development is intended, 4. Copies of the notice of the hearing shall be transmitted by certified or reg istered mail or by delivery to the applicant, to all immediate abutting property owners and to the local boards and agencies which had received copies of the plans. The Board of Appeals may request the attendance of such boards, officials or per- sons or their agents or representatives at the hearing or the submission of writ- ten reports. 5. Except where specified otherwise, the Board of Appeals shall proceed in accordance with its Rules and Regulations and with Chapter 40A of General Laws. 6. The Board of Appeals shall cause minutes of the hearing to be made and shall append thereto all reports, written communications, exhibits and petitions received during or prior to such hearing. Such minutes shall be available for public inspection in the office of the .Board of Appeals upon their approval by the Board of Appeals. 7. Within 40 days of the hearing the Board of Appeals shall either approve the application and issue a comprehensive permit to proceed with construction in strict compliance with the plans, terms and conditions of the application, approve the application with modifications or disapprove it. In the event of approval with modifications or disapproval, the Board of Appeals shall enumerate the speci- fic reasons for its action. Copies of the decision, including any reasons or con- ditions, shall be given to the Town Clerk, to the applicant and to local boards and officials which had received copies of the plans. 8. All comprehensive permits shall only be valid for the applicant, the subsidy program and other conditions stated therein and the work thereunder shall commence within two years of the issuance of the comprehensive permit. 9. The Board of Appeals may require the posting of a bond or other security to ensure that all or any work shall be satisfactorily completed or that the inabil- ity of the applicant to complete such work shall not cause damage or expense to the Town and to the residents of the area, including the future residents of the proposed subsidized housing development. D. APPEALS 1. Within 20 days of the filing of the decision by the Board of Appeals with the Town Clerk, the decision may be appealed to the District or Superior Court as pro- vided for in Chapter 40A of General Laws. 2. The applicant may appeal the denial of the comprehensive permit or the condi- tions imposed by the Board of Appeals to the Housing Appeals Committee, as pro- vided for in Chapter 774, Acts of 1969. 3. The decision of the Housing Appeals Committee may be reviewed by the Superior Addendum to Rules and Regulations of Lexington Board of Appeals -4 ' Court as provided for in Chapter 30A of General Lacus. E. CONSTRUCTION 1. The construction of housing developments under the comprehensive Board of Appeals permits shall be subject to inspection at all reasonable times to ensure compliance with the permit, the plans, the applicable Standard Specifications of the Town of Lexington and with any other applicable laws, rules and regulations. Such inspection may be carried out by the Board of Appeals and by its agents and representatives, including x:i.thout limitation the Building Inspector and members of his department, the Planning Board and its staff, the Town Engineer and mem- bers of his department, and the Board of Health and its staff. 2. Not less than 48 hours (excepting Saturday and Sunday) prior to the commence- ment of each phase of site development, the applicant shall give notice thereof to the Town Engineer. Not less than 48 hours (excepting Saturday and Sunday) prior to the commencement of each phase of building construction, the applicant shall give notice thereof to the Building Inspector. No material or work shall be covered without the approval of the Town Engineer or his agents as regards the site development and of the Building Inspector or his agents as regards the building construction. The applicant may be required to uncover, open, discon- nect and replace any work or materials covered in violation hereof. 3. The Board of Appeals may without notice revoke the permit of any housing development repeatedly violating Town requirements, obstructing inspections by duly authorized Town personnel or where the workmanship or the materials are repeatedly found to be not in conformance with the approved plans and specifica- tions. F. PLANNING, DESIGN AND CONSTRUCTION STANDARDS 1. As provided for in Section 20 of Chapter 40B of General Laws, recnirements and regulations consistent with local needs shall apply as equally as possible to both subsidized and unsubsidized housing. To the extent consistent with said Section 20, housing development shall be designed to comply with zoning, building, and sign by-laws of the Town of Lexington, the rules and regulations of the Board of Health, the Rules and Regulations Governing the Subdivision of Land in the Town of Lexington and the Standard Specifications of the Department of Public Works. Variances from the by-laws may be granted by the Board of Appeals as provided for in Chapter 40A of General Laws and waivers from the regulations may be given by the Board of Appeals in accordance with the guidelines and standards of the local boards otherwise administering such regulations. 2. All housing developments shall be located in a manner compatible with the "Long range comprehensive town and financial plan for Lexington, Mass.", except as otherwise recommended by the Planning Board. The suitability of a site for housing development will also be evaluated in relation to the following: a. Land served by a sanitary sewer; and Addendum to Rules and Regulations of Lexington Board of Appeals -5 b. Accessibility from a collector or arterial street; c. Safety and convenience of vehicular access; d. Open or recreational space within or nearby; e. Accessibility to stores carrying convenience goods and to services; f. Convenience to public transportation; g. Free of soil and engineering problems making the development unduly difficult or costly. The importance of the above factors depends on the age and income groups to be served by the development and increases with the increased concentration of dwelling units. 3. All housing developments shall conform to not less than the following planning and design standards, which are to be considered as the minimum standards consist- ent with local needs: a. Maximum concentration of subsidized dwelling units within any circle of 1/4 mile radius: 200. b. Maximum height: 4 floors, including habitable attics and basements, devoted to human occupancy. c. Minimum usable outdoor open space: 1000 square feet per dwelling unit, exclusive of the required vehicular areas and unusable lands_ d. Minimum parking space: 1 garage or off-street parking space 10' x 20' with unimpeded access for the exclusive use of each dwelling unit plus at least one additional space for every 4 dwelling units. e. Minimum distance between buildings: as necessary to prevent obstruction of sunlight and provide adequate air, light, privacy and space but not less than 30 feet or the height of the taller building. f. Maximum distance from the exit door of a dwelling to its parking space: 150 feet. g. Construction shall conform to Massachusetts plumbing, gas installation, .electrical and sanitary (housing) codes and to the Lexington Building By -Law. The Board of Appeals may permit exceptions from the latter and specify construction conforming to the appropriate Minimum Property Standards of the Federal Housing Administration after consultation with the Building Inspector and/or other officials listed in C. 1 and 2 above. h. Site development shall, so far as apt, conform to the Rules and Regula- tions Governing the Subdivision of Land in Lexington, Mass The stand- ards for streets, sidewalks, planting strips and €or utilities in streets and easements shall be used as a guide for the corresponding improvements within a development. THE LEXINGTON BOARD OF APPEALS * The content of this Addendum is exactly the same as that adopted 2/10/70 except for a paragraph * a ded-'—byevote of the Board of Selectmen and advice of Town Counsel in May 1975. A petition may be withdrawn without prejudice as of right before notice has been sent to the newspaper for publication or by mail to affected persons. After notice has been sent, withdrawal of a petition will normally be allowed without prt.judice for good cause shown by the petitioner at the hearing, and upon filing with the Board a statement that all persons previously notified by mail have been notified by the petitioner of his intent to withdraw the petition. s • i i r /7'CT Ci C- rl 4 lL. Y7 7 LnC&W-r7e- l{✓ouS.rrJ ��in h�� / �+ ,�(///� ere �C�s o{✓red 1�; ho{rceJ ' �6u-�TGrS C 1- May 12, 1973 Mr. Alles r. Immmay Otairmes Board of Selectmen 'loco Office, Building Leklogtomw Massachusetts 02179 Sar lit. may: IU Dowd of Appeals voted unanimously last weak to add the fal- lowing to Section B 1 a of the Addendum to the awles and Regulations of the Lexington Baird of Appeals. '"M filing fee required hereunder is not in lieu of any other fee required by. Lair. If s,psrott is granted bar*- under, the applicant shall pay the fee required for a build - tea or other permit at the time of submission of detailed plans and specifications to the Buildiag Commissioner." If you bar* any comment we would appreciate knowing it. For some months we have be" considering discussing with you the tremendous cost of advertislaS oar of our petitions. The Increased coat being because abutters of abutters must be notified. We hens had eewral casee where over 130 had to be sent out and then repeated after a decision hue been mads. its wish to request therefore that you allow us to determine what we should charge the petitioner when large numbers of abutters of abutters must be notified. Please advise us also in this regard. Respectfully yours, ROOD OF APMALS Donald S. Nickeraon Quis'msso Siiat*e cc: X9 man P. Cohen, Tom Counsel Donald Irwin, Building Cooniasioner i 1 To compensate for the fact that the Board of Appeals must by law notify not only abutters of properties covered by petitions for hearings, but also abutters of abutters causing geometrically increased numbers of people to be notified before the hearings and advised of the decisions after the hearings it becomes necessary to charge the sum of 75 cents for each notification over the number of 20. This charge is influenced by the large increase in postal costs. Example: If 40 abutters and abutters of abutters must be notified, the regular fee will be charged plus 20 x 75 cents or $15 for the notifications.over 20. JAMES L.TERRY �� -�'y T`� i�0- n..... ROBERT W.EMMONS,JR. `.l Ou VLO-IsttJ] - `) WOPE ROBERT J. MCGEE ' fI� �y z7OU W iTtr-ooe Ll xml� OOVILLETTE DAVID F.CAVERS.JR. OU,g l• J a�e (fie ,., �.KU VANS NORMAN P. COHEN�� a,� '�� OdeY I y:l�g C VIRGINIA ALDR" !TG S•i^(C� d RZ U}.{3 -JON E.STEFFENSEN STANLEY KELLE L e Chat �Ow a� �t yp1' GALE MUNSON NARY G. SVLLIv. ` e .�oY Co {�aJ 1 A.FRANNUN BURGESS, JR. E JEFFREY F.JONES RAYA S. DRESEN } e SOTT P. ACH ESON H. CALL 1 'aot want MC ES D. WEICHELNS WIS DAVID E. RIDEOUT 'L foes JOHN M.THOMAS JAMES B. WHITE 1 aat PETER S.TE RRIS e'C DONALD F. WINTER C TX _— .GEORGE M. HUGHES March 11, 1975 CABLE ADDRESS 'STQREYOIKE,805TON I Mr. Donald Nickerson, Chairman Board of Appeals Town Office Building Lexington, Massachusetts 02173 Dear Don: Enclosed is a copy of a letter which I sent to Don Irwin today. I would appreciate having the comments of your Board. Very truly yours, Norman P. Cohen NPC/web Enclosure PALMER & DODGE ROBERT F. BRADFORO ALFRED GARDNER ROBERT I. HUNNEMAN WM, DOUGLAS KILBOURN, JR. TALCOTT M. BANKS ONE BEACON STREET COUNSEL THEODORE CHASE - JOHN A. PERKINS BOSTON, MASSACHUSETTS 02108 PAUL J. DOLAN JAMES W. PERKINS B. OLSON CA5IMIR eL RHAM,JR. AREA 617 227.4400 yy,,is HUGHES \FARIA DANIEL O. MAHONEY tl� POKROSS, JR. GEOROE 0� ROBERT P.MONCRE FFR ye auvl CRITTENDEN.JR. ERIC VERRILL rQ V JAMES L.TERRY �� -�'y T`� i�0- n..... ROBERT W.EMMONS,JR. `.l Ou VLO-IsttJ] - `) WOPE ROBERT J. MCGEE ' fI� �y z7OU W iTtr-ooe Ll xml� OOVILLETTE DAVID F.CAVERS.JR. OU,g l• J a�e (fie ,., �.KU VANS NORMAN P. COHEN�� a,� '�� OdeY I y:l�g C VIRGINIA ALDR" !TG S•i^(C� d RZ U}.{3 -JON E.STEFFENSEN STANLEY KELLE L e Chat �Ow a� �t yp1' GALE MUNSON NARY G. SVLLIv. ` e .�oY Co {�aJ 1 A.FRANNUN BURGESS, JR. E JEFFREY F.JONES RAYA S. DRESEN } e SOTT P. ACH ESON H. CALL 1 'aot want MC ES D. WEICHELNS WIS DAVID E. RIDEOUT 'L foes JOHN M.THOMAS JAMES B. WHITE 1 aat PETER S.TE RRIS e'C DONALD F. WINTER C TX _— .GEORGE M. HUGHES March 11, 1975 CABLE ADDRESS 'STQREYOIKE,805TON I Mr. Donald Nickerson, Chairman Board of Appeals Town Office Building Lexington, Massachusetts 02173 Dear Don: Enclosed is a copy of a letter which I sent to Don Irwin today. I would appreciate having the comments of your Board. Very truly yours, Norman P. Cohen NPC/web Enclosure o9s a34din of Xexing#urt,'iassarllixs&s OFFICE OF SELECTMEN ALLAN F. KENNEY. CHAIRMAN FRED C. BAILEY ALFRED S. BUSA MARGERY M. BATTIN HOWARD M. KASSLER June 9, 1975 Mr. Donald E. Nickerson Chairman Board of Appeals Lexington, Massachusetts Dear Mr. Nickerson: The Board of Selectmen has no objection to the Board of Appeals adding to Section B la, of the Addendum to the Rules and Regulations of the Board of Appeals concerning filing fees and permits, as outlined in your letter of May 12, 1975. Also, the Board has no objection to your proposal that the Board of Appeals would determine the charge to petitioners when large numbers of abutters must be notified. However, Town Counsel was instructed to work with you, and the Board assumes that you will be in touch with Mr. Cohen at the appropriate time. Very truly yours, BOARD OF SELECTMEN All F. Kenney —" Chairman AFK:em CC: Town Counsel 1625 MASSACHUSETTS AVENUE . LEXINGTON. MASSACHUSETTS 02173 • BOX 446 . TELEPHONE (617) 862-0500