2005-12-08-ZBA-min - Laserfiche WebLink

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8 MINUTES of the Lexington Zoning Board of Appeals December 8, 2005 Present: Chairman — Judith Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan and John J. McWeeney. Petition Address: Valleyfield Road, Lot 47B The Chairman opened the hearing at 9:25 pm by reading the legal notice and described information received from the Petitioner relative to the Petition. A letter from Atty. Grant was received outlining the deed history of the two lots going back to 1923. Comments were received from the Conservation Commission stating that the property is subject to wetland protection act and will need to be permitted by the Conservation Committee and the planning board in support of the Zoning Enforcement Officer's decision. The relief sought is to appeal a decision by the Zoning Enforcement Officer dated October 17, 2005 Attorney Ed Grant presented the petition for the owner Valleyfield Street Realty Trust. Atty. Grant presented information regarding the property deeds and ownership that had not been submitted to Matthew Hakala, the Zoning Enforcement Officer. If Mr. Hakala had received this information, Atty. Grant feels he would have made a different decision. Questions /Comments from the Board: Judy Uhrig: Why hadn't Mr. Hakala received all the information needed to make a sound decision? Answer: Atty. Grant was not part of the application process at the time Barry Caouette, on behalf of himself as a prospective purchaser and the owner presented the original application. Robin Tripi, daughter of the deceased former owner, had not been properly advised as to what was needed. She had assumed it was 2 lots from what she had understood from her father who had paid taxes on the property as it being 2 separate lots. Nyles Barnert: Exhibit 15 is bothersome to him; doesn't it apply a combined lot? Answer: The deeds mention separate lots all the way thru the history of the lots. Maura Sheehan: Did Matt take exhibit 15 into consideration: Answer: Atty. Grant felt that was a done many years ago as a matter of convenience. It does say 2 certain lots. Judy Uhrig: Fencing, plantings on empty lot does not serve any purpose to house lot. They have paid separate taxes. There were no questions from the audience. Michael Scotti, 62 Valleyfield Street spoke in favor of the petition. No one spoke in opposition.