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

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June 12, 2008 ZBA Minutes 6 One of the Board members asked if Mr. Cataldo had thought of putting up a fence. He said he had offered and the Reynolds had refused his offer. David George, the Lexington Zoning Administrator, gave a brief history and a timetable of the events leading up to this hearing. There were no questions from the audience. No one from the audience spoke in favor of the petition. No one spoke from the audience in opposition to the petition. The Board Chairman, Arthur Smith, explained that the Board needed to determine if the play set is a structure as defined in the bylaw. He also stated that the court magistrate's ruling has no bearing on this decision. The Chairman closed the hearing at 8:38 pm. Mr. Smith clarified to the Board that the motion needs to be to reverse the decision of the Building Commissioner and four Board members need to be in favor of the petition to reverse the ruling. Mr. Smith read the definition of a structure from the bylaw and the Board spoke at length of the meaning "structure" in the bylaw On a motion by Nyles B. Barnert and seconded by Carolyn C. Wilson, the Board voted, 3 -2, with Carolyn Wilson and Leo McSweeney opposing, to overturn the decision ruling that this is not a structure. The voted needed to be 4 to 1, the Building Commissioners ruling stands as is. Submitted by: Dianne Cornaro, Administrative Clerk