2012-12-13-ZBA-Min - Laserfiche WebLink

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BOA Meeting December 13, 2012 2 Kristopher Megna of Dreamline Modular Homes spoke to say that this was an accident and that it was done with no mal-intent. He explained that the house is 95% complete and once they learned of the conflict and spoke with Mr. and Mrs. Murray and the Building Commissioner, Gary Rhodes they stopped working on the house. Former owner of the home, Arlene McGrath told the Board that she had told Mrs. Lonadier at the closing where the lot line was. Mr. Ringwall presented an affidavit of closing signed by the closing attorney, Robert M. Daniszewiski of Framingham stating he did not recall anything being said regarding the lot line and that there were no letters or papers indicating a conflict in the lot line. Wendy Lonadier, owner of the property told the audience that a mistake was made and they only want to have a nice house. She didn’t understand the personal attacks on them for something they are trying to work with the town to correct. No one spoke in favor of the petition. One of the Board members asked if the town had inspected the excavation. The Zoning Administrator, David George explained that they had inspected but the plot plan that was submitted with the building permit was the plot plan that was later determined to be in error. The Chairman closed the hearing at 8:25 pm. On a motion by William P. Kennedy and seconded by Jeanne K. Krieger, the Board VARIANCE voted 4-1 to approve a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-38A (2) to allow a side yard setback of 7.4 ft instead of the required 10 ft. side yeard setback. Martha C. Wood voted against this petition. Submitted by: Dianne Cornaro, Administrative Clerk