HomeMy WebLinkAbout1981-01-08BOARD OF APPEALS
January 8, 1981
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. Riffin
Thomas G. Taylor
Public hearings were held on the following petitions.
1 Meriam St., Gracie's Restaurant, Grace E. Bellino - special permit to operate a
restaurant.
18 Muzzey St. (rear), Monument Realty Trust, John E. Boeing Co., Inc. - special
permit to allow renovation of the second floor of the separate building at the
rear (CB zone) so as to provide residential quarters for use by John E. Boeing,
owner of the property and also for any variance necessary.
10 Bartlett Ave., Frederick R. and Mary R. Murphy - variances to maintain existing
house and garage as located and construct an addition.
443 Lincoln St., Albert R. Piantedosi - variance and/or special permit to allow for
the temporary parking of not more than 37 motor vehicles on the lot owned by the
applicant. This is a request for renewal of a permit which will expire on 12/28/80.
Decisions filed with the Town Clerk.
1 Meriam St. - SP granted unanimously with conditions.
18 Muzzey St. (rear) - SP granted unanimously to use 2nd floor of separate building
as residential quarters and
- V unanimously granted from requirements of 5.4.3 landscaping,
all,subject to certain conditions.
10 Bartlett Ave. - V's granted unanimously.
443 Lincoln St. - V renewed through 1/16/83.
The meeting adjourned at 10:52 p.m.
Respectfully submitted,
Evelyn F. Cole
Administrative Clerk
BOARD OF APPEALS
I
January 20, 1981: The Board of Appeals received notice that the Selectmen have
approved the Board of Appeals fee schedule. The Board of Appeals Rules and Regula-
tions and new Application Form were filed with the Town Clerk on January 21, 1981.
POSTERNAK, BLANKSTEIN & LUND
ATTORNEYS AT LAW
100 CHARLES RIVER PLATA
BOSTON. MASSACHUSETTS 02119
(617) 367-95%
ERIK LUND
NOEL G. POSTERNAK
RICHARD K. BLANKSTEIN
ROBERT T. HARRINGTON
DONALD H. SIEGEL
JOHN B. CONNARTON. JR.
GEORGE E. CHRISTODODLO
SCOTT HARSHBARGER
ROBERTA F. BENJAMIN
PAUL R. SCHNEIDER
STANLEY N. WALL.ERSTEIN
MARINA PAIGE BARTLEY (Pa.)
DAVID J. HATEM
IRA J. DEITSCH
ROSANNA SATTLER
FERDINAND ALVARO, JR.
Ruth Morey, Chairwoman
Lexington Board of Appeals
Town Office Building
Lexington, Massachusetts 02173
f �r
Ke , "Se tt)%r1�%ac d r e4)
January 13, 1981
Re: Lexington Planning Board v. Lexington
Board of Appeals
Dear Ruth:
This is simply to report that I have entered my
appearance on behalf of the Board, have been in touch with
Pat Hagedorn and obtained copies of the relevant information
from her file, and am pressing Palmer & Dodge to agree to a
factual stipulation so that this matter can be heard by the
Court at an early date.
My initial impression on a review of the papers
and the relevant statute and provisions of the Lexington
zoning by-law is that the Butts' petition placed before
the Board a question of fact, i.e. whether or not the adjacent
lots had been combined, that the Board had the power to decide
that question of fact, and that the decision made by the Board
is justifiable. I would caution that this is strictly a
preliminary impression, but I thought you would be interested
to know that the case is not as clear-cut as Palmer & Dodge
claims.
I was also interested to discover that in June, 1967
the Planning Board's article to do away with the protection
of the zoning by-law for these contiguous lots which were in
a single ownership was presented to the Town Meeting by me.
Since it failed, this probably accounts for my strong recollection
of the event.
EL: am
Best reg ds,
Erik Lund