2007-07-26-ZBA-min - Laserfiche WebLink

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July 26, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals July 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, Judy J. Uhrig and Associate Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk Town legal council, Attorney Kevin Batt was present for this hearing. Petition Address: 64 Cary Avenue The relief sought is for an APPEAL OF A DECISION OF THE ZONING ADMINISTRATOR in letter dated June 11, 2007 in accordance with section 135 -10A of the Code of the Town of Lexington. The Chairman opened the hearing at 7:46 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Conservation Department, the Planning Administrator and the Zoning Administrator. Attorney Edmund Grant, representing the petitioner, Charles F. Litchfield. Mr. Litchfield is the son and Power of Attorney for the property owner, Louise Peterson. Attorney Grant gave the history of the property. Mrs. Peterson had purchased the property as separate lots in 1957 and since that time has paid separate tax bills and separate sewer betterments in 1963, all the time believing they were separate parcels. Attorney Grant spoke of the inconsistencies regarding Grandfathered lots in the past. Charles Litchfield spoke of the family history with the property. His mother is now in a Nursing facility and they would like to be able to sell the separate lots to use the money for her care. Questions from the Board: One Board member asked about the driveway, which would be within the setback of 62 Ward Avenue if the lots were divided. Applicant stated the driveway originally predated the purchase but was expanded slightly in 1986.