2008-11-12-PB-min - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF NOVEMBER 12, 2008 A regular meeting of the Lexington Planning Board in Room G-15, Town Office Building was called to order at 7:34 p.m. by Chairman Hornig with members Zurlo, Galaitsis and Canale and planning staff McCall-Taylor, Henry and Kaufman present. Ms. Manz joined the meeting in progress. *****************************ZONING BOARD OF APPEALS**************************** Mr. Nyles Barnert, chairman of the Zoning Board of Appeals (ZBA), had requested a meeting with the Board to discuss some possible modifications to the Zoning Bylaws. Mr. Barnert said the following items were the issues at hand. ?? If an undersized lot has been determined not to be buildable by the Building Commissioner residents currently go to the ZBA to seek to overturn the determination of the Building Commissioner. Garry Rhodes, the Building Commissioner, said that was not legal and that the resident should be appealing the denial of a building permit, not the determination that a lot was not buildable. The ZBA felt that the negative determination was a denial of the building permit, and it would be an unfair burden to have applicants spend more money to apply for a building permit that would be denied. The Rorke v. Rothman decision made this more complicated. He said that the ZBA overturns 50% of the Building Commissioner’s determinations that come before them. Mr. Hornig said he was uncomfortable making this informal process formal through the Zoning Bylaw. The Zoning Board of Appeals needs to find the source in state law that makes the Building Commissioner’s determination final and binding, as well as the appropriate appeal process. ?? The ZBA would like clarification of the definition of a structure as “fixed on the ground”; what does it mean? Mr. Hornig said the Board should look into how the State Building Code defined it. ?? Applicants have converted their cellars to play rooms and exercise rooms and were asking the ZBA for a variance to add bathrooms in the cellars based on change of use; the ZBA has been denying those requests. Ms. McCall-Taylor said that §46.B changed with the Special Permit Residential Developments and that portion was removed. ?? Sheds are considered structures and need a variance for setbacks. For sheds under 100 square feet the ZBA would like to see a special permit process instituted. Mr. Hornig said that in areas where many variances are approved there should be a special permit