2006-09-28-ZBA-min - Laserfiche WebLink

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September 28, 2006 Minutes 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals September 28, 2006 Board Members Present: Acting Chairman — Arthur Smith, Nyles Barnert, Maura Sheehan, and Associate Members Carolyn Wilson and David Williams. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: Estabrook Road, Map 50 Parcel 98 The Chairman opened the hearing at 8:00 PM by reading the legal notice and described information received from the petitioner relative to the petition. The relief sought is to Appeal a Decision by the Building Commissioner, dated July 26, 2006, in accordance with Section 135 -10A of the Code of Town of Lexington. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Administrator, Planning Board and Development Review Team. Comments from the Planning Department and The Development Review Team were received that the Decision should be upheld. A memo from the Zoning Administrator explained reasons the decision should be upheld. Attorney Ed Grant, representing Christopher and Gillian Gill, presented the petition explaining the history of the property and why they believe it to be a split and buildable lot. As far as they can see in the last 80 years there has been no combination of the lots by deed or by building permits and it has been held in separate ownership. The previous owners had made an attempt to have the lots split and had been denied. They never pursued the appeal. Maura Sheehan asked about the driveway that had encroached the two lots and is no longer there. It had been removed last spring on the advice of the Realtor. Maura Sheehan also asked about the purchase price of the house, were the lots purchased separately or as one lot. Mrs. Gill spoke to say that they had bought the property all at once; at the closing the lawyer had suggested that they appeal for the buildable lot. Nyles Barnert asked if it was a single deed listing three lots for one price. Paid only one price, not by parcel.