2008-06-12-ZBA-min - Laserfiche WebLink

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June 12, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 12, 2008 Board Members Present: Chairman – Arthur C. Smith, Nyles N. Barnert, Leo P. McSweeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 168 Grant Street, Map and Lot: 63 -9 The relief sought is to appeal a decision of the Building Commissioner relative to enforcement of Section 135 -39B of the zoning by -law. The Chairman opened the hearing at 7:42 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Eileen Reynolds, wife of the applicant, presented the petition. Currently located at the site (168 Grant Street) is a single - family house with a play set. The 168 Grant Street lot abuts the lot at 65 Colony Road —owned by the applicant. The applicant seeks further enforcement for the removal of the abutter's play set. Previous actions by the Building Division were taken on this matter. See letters in file dated November 6, 2006, June 21, 2007, and April 10, 2008, which provide a timeline and description of various actions taken on this matter. The petitioner read a prepared statement to the Board giving a history of the situation with the play set. Mrs. Reynolds referenced a brochure from Cedarworks as part of her testimony. The Board had numerous questions regarding the violation citation that was heard by a magistrate at the Concord court. The magistrate was not a zoning judge and ruled that the citation was denied. The Board also questioned the installation of the play set and discussed at length what was considered a structure in the by -laws. Todd Cataldo, of 168 Grant Street, spoke on his own behalf. He explained he had spoken with the previous Building Commissioner, Steve Frederickson, who had determined that the play set was not a structure because it was not anchored into the ground.