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HomeMy WebLinkAbout1980-10-23BOARD OF APPEALS October 23, 1980 7:30 p.m. The Board of Appeals held a regular meeting in the Selectmen's Meeting Room. Present: Ruth Morey, Chairman Woodruff M. Brodhead Irving H. Mabee Natalie H. Ri£fin Thomas G. Taylor Public hearings were held on the following petitions. 30 Cottage St., Bruce A. and Erma M. Jordan - special permit to construct a pool. 30 Ewell Ave., Edward J. and M. Bernice Winsor - special permit to install a pool and a variance from dimensional controls, necessary for the pool construction. 764 Massachusetts Ave., Follen Church Society - renewal of a special permit to sell Christmas trees and wreaths during the month of December on the premises known as 764 Mass. Ave. (the old Adams School lot) for as many years as the Board may deem proper. Harrington Rd. (Masonic Hall property), Battlegreen Chapter, Order of DeMolay - 'special permit to sell Christmas trees and wreaths, Dec. 6 to 24, 1980 and 1981. 1265 Mass. Ave., Anthony R. Cataldo - renewal of permission to process and sell fruits and vegetables at premises located at Gold Ribbon Farms, 1265 Mass. Ave. Rte. 128 Howard Johnson Co. - special permit to maintain a free standing sign at the restaurant. The previously scheduled hearing was withdrawn at the request of the Petitioner (see hearings scheduled for Oct. 9). 758 Marrett Rd., Minuteman Tech - variance of height limitation for the design and installation of a wind turbine for generation of electricity for use in Minuteman Tech educational program for energy conservation awareness and vocational teaching of wind turbine electrical and mechanical systems. Decisions filed with the Town Clerk: 30 Cottage St. - SP granted unanimously. 30 Ewell Ave. - SP & Variance granted (4 to 1 with Mr. Mabee in opposition). 764 Mass. Ave. - SP granted unanimously (expires 12/31/84) Harrington Rd. (Masonic Hall Property) - SP denied unanimously. (strong neighborhood opposition). 1265 Mass. Ave. - SP granted unanimously (expires 11/9/81) . Rte. 128 (North) - SP granted (4 to 1, Mr. Mabee in opposition) - expires 4/30/81. 758 Marrett Rd. - Variance granted unanimously (Planning Board recommended denial). ' The regular meeting adjourned at 10:30 p.m. Rese � tted, yn F. Cole, Administrative Clerk BOARD OF APPEALS Board oust in executive session following this meeting. BOARD OF APPEALS LEXINGTON October 23, 1980 Executive Session (also see 10/9/80 - exec. session) At the conclusion of Board of Appeals hearings on October 23, 1980 the Board went into executive session with the following Board members present: Ruth Morey, Chairman Woodruff M. Brodhead, Vice Chairman Irving H. Mabee Natalie H. Ri£fin Thomas G. Taylor Eric T. Clarke, Associate Natalie Riffin made the motion to go into executive session. Irving Mabee seconded it. It was a unanimous vote. (Note: A COMPLAINT had been filed in Middlesex Superior Court by the Planning Board and Building Commissioner against the Board of Appeals and Robert F. and Lynn M. Butts. In some instances in this report, when the words "Campbell" or "Joe" were used or "case", "court case", "action" were used, the words "Butts" or "complaint" have been substituted. ec) Chairman: Eric Clarke and Bill Scouler were part of the Board making the decision. Norman Cohen said that we should leave it up to the Butts to defend the case. We don't know if the Butts will answer (the complaint). It has been filed against the Board and the Butts. While I was not on the side of the Board, why should we leave it up to the Butts? Eric: I agree the Board should have counsel. Irving: We should have some clarification ..... talk with the Selectmen and Planning Board and maybe they will recind the complaint. I wanted to back Peter. I was torn. Lots are all small in that area .... former officials..... Eric: I doubt talking with the Planning Board will be productive. What do we do if they are adament? Chairman: The Board has the right to be defended. Natalie: When is the legal deadline for filing an answer? Ans. Next Tuesday. Eric: Pat Hagedorn called. She will not file next Tuesday. (There may not need to be a legal response to the complaint.) We should protect ourselves. Tom and Irving both said that the petitioner should bear, the cost and it was up to the Butts/Campbells. Tom: No need to answer complaint. Chairman: Town Counsel has always been with the Board of Appeals. He gives us assistance. -2- 10/23/80 B/A exec. session (continued) Eric: I don't think the issue is the same: giving advice and representing the Board in this case. Tom: This language (beyond the scrape of authority - in the complaint) is common language. It should not bother anyone. If the Butts want it they should defend it. If I represented somebody before a town board I would expect to have to defend it. Natalie: We should have someone defending the Board of Appeals. The Board's interest is different from the Butts. Irving: It's a waste of money. Meet with the boards and change their minds. Chairman: I don't like taking it lying down. Eric: I doubt the Planning Board will change its mind. An attempt to get a consensus was made. Tom: No Irv: No Natalie: Yes Eric: Yes Ruth: Yes 5 to 2 would be the vote? Natalie: We would go from strength in timely fashion (if we could agree.....) We would like to talk it over. Irving: What, go to the Planning Board? Natalie: Meet with the Selectmen next Monday. Eric: The Selectmen walked over us. Check Monday deadline for responding (to the complaint, if necessary). Natalie: Eric Lund would be willing, would like to defend the Board of Appeals. We should make the attempt to persuade the Board of Selectmen. DECISION.: The. Board unanimously agreed to meet with the Selectmen. (Morey,: Riffin.,-Eric-& Mabee) R. M.