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HomeMy WebLinkAbout1979-07-12 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 Rif fin 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 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 Selectmen 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 new occupants of their buildings received. (Home Cale and Boy's School) Meeting date suggested - Tues , July 16, 4 30 p m. at Grey Nuns' office P S. Chairman and Natalie Riff in attended, also E C (see 7/26/79 hearings) Appeals - July 12, 1979 meeting (continued) further discussion, etc. 80 Westview St. - A photographer wants to use property for a studio and office Board members suggested they make application Board will hear petition. Bedford and Shirley Streets, Snelson - Several structures are located on one lot. Property is for sale. Different opinions expressed re legal status of existing buildings and land. Board will hear petition Douglass Building, 1844 Mass Ave - Owners want to make additions and changes to building Legal questions have emerged re right of way, side yard next to library, etc Board took no formal action at this time The meeting adjourned at 11 00 p m. Respectfully submitted, Evelyn F Cole Administrative Clerk BOARD OF APPEALS 1