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

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The batting cage has been used and they are prepared to prove it is in violation of the noise ordinance. Mr. Clifford stated the March 28, 2023 letter re-indicates that it is seeking an amended request for enforcement. He questioned if there was any procedure in the bylaw to amend a request for enforcement (There is no specific procedure. Common sense dictates that the matter could have been considered as a new request or as an amended request). A Board Member, Martha C. Wood, stated the noise bylaw does not come before the Zoning Board of Appeals. Mr. Clifford stated there has been refence to noise but that is on the merits. This should be dismissed; the Board does not have a decision of a Zoning Administrator as it was a request to amend and the Zoning Administrator said they can’t amend. Mr. Clifford stated he doesn’t think there is a decision and without a decision there can’t be an appeal under that statues. There were no questions or comments from the audience regarding the Boards ability to make the decision. There were no further questions from the Board. Mr. Posner stated he received a communication from the Zoning Administrator regarding the request that was made and it stated ‘denied”. It did not clarify. The Board has an opportunity to take action that is consistent with the Towns bylaw. The Hearing was closed at 7:18 pm (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– No, Beth Masterman – No, Martha C. Wood – No, and Nyles N. Barnert – No). Mr. Clifford stated it is important the Board not exercise powers they don’t have. The Board has the power to review decisions of the Zoning Administrator in an enforcement request and that is not what is before the Board. There were no further comments from the Board. The Board of appeals voted zero (0) in favor, five (5) opposed, and zero (0) in abstention that the Board has jurisdiction regarding an APPEAL OF THE ZONING ADMINISTRATOR DETERMINIATION DATED April 11, 2023 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.3 regarding a 'batting cage' (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– No, Beth Masterman – No, Martha C. Wood – No, and Nyles N. Barnert – No). Having found the Board does not have jurisdiction, the Appeal was DISMISSED without prejudice.