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July 26, 2007 Minutes 4 <br /> Kevin Batt, the Town's legal council was asked his opinion as to whether the Board should <br /> consider the two lots combined by use. Attorney Batt explained the 1998 change in the by -law <br /> that made Boards take a more stringent look at how they determined how a lot was combined by <br /> use with common ownership. The 1998 by -law change brought the Lexington by -laws closer to <br /> the State's Statue. <br /> A Board member was concerned with the notice that was sent to the homeowners regarding the <br /> changes in the 1998 by -laws that changed their ownerships so dramatically. This Board member <br /> did not understand how the Board could hold the homeowners responsible when the Town did <br /> not inform them of such changes. <br /> There were no questions from the audience. <br /> No one spoke in favor or in opposition of the petition. <br /> Paul Tedrow, 66 Cary Avenue, was concerned with a statement that was in the folder regarding a <br /> drywell. The Chairman told the applicant that the water issue was not before the Board and that <br /> this hearing was not the place to discuss it. <br /> The hearing was closed at 8:38 PM. <br /> Discussion: <br /> The Board felt the message they received from the lawyer was that there were inconsistencies <br /> with the Bylaw and the courts have not given Boards as much guidance regarding Grandfathered <br /> lots, as the Board would like to see. They agreed that the town should not take away the right of <br /> owners. <br /> On a motion by Nyles Barnert and seconded by Maura Sheehan, the Board voted 4 -1, with Nyles <br /> Barnert opposing, to overturn the decision of the Zoning Administrator. <br />