2023-06-22-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom June 22, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Beth Masterman Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 0 Vine Street The petitioner is requesting an APPEAL OF A DETERMINATION OF THE ZONING ADMINISTRATOR, DATED APRIL 11, 2023 in accordance Chapter 135 of the Code of the Town of Lexington, Zoning Bylaw, (“Bylaw”) § 135-9.2.2.3. The petitioner submitted the following information with the application: Nature and Justification, Photographs, Plot Plan, Direction for Stand Alone Frame, Screencapture of the Cimarron Sports website, Batting Cage Letter from Manufacturer, Impulse Noise Research Article, Objection Letter, and Noise Study. Staff uploaded to the application abutter letters of support, a Letter from the Conservation Director, Zoning Enforcemener Request, Land Taking, Zoning Administrators Determination, and Photographs. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator, Building Commissioner, Conservation Director and the Planning Department. The Hearing was opened at 7:38 pm on the June 8, 2023 Hearing. Chair, Ralph D. Clifford, stated when he reviewed the material it became clear the Board needs to figure out whether there is an appeal and if so the Board would move to the merits. Mr. Clifford stated there potentially is not an appeal because the request made on March 28 is a request to amend a prior letter of enforcement, and that is simply not an appeal. The decision that the Zoning Administrator made was that they can’t amend a prior application, particularly not after it has been decided. The Board needs to decide if they have jurisdiction to hear this tonight. Applicant, Philip Poser, stated this matter is already a matter pending in land court. The request to amend the determination was made before there was any discussion. The issue of the use of this property could have been decided at the last Hearing but the Board decided not to. The Board has the opportunity to review the facts, review the law and dispose of this matter in a manner that is consistent with the bylaw and public interest. He stated his client’s property is immediately abutting where this object has been placed and he is actively trying to find a buyer.