HomeMy WebLinkAbout1980-10-09 BOARD OF APPEALS
October 9, 1980
U7 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. Riff in
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 Rif fin 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
IIIThe 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
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 256 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
IIIcomplaint filed. He had left an executive session of the Planning Board early He
called himself a "reluctant plaintiff"
Ensued a general discussion, particularly ad 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
Respectfully submitted by Ruth Morey,
Chairman, BOARD OF APPEALS
See this report in
Ruth Morey's handwriting
attached
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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 Morey, 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 AssociatesClarke 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 ano.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.