2016-07-28-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room July 28, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Martha C. Wood, Ralph D. Clifford and Associate Member Nyles N. Barnert Also present at the hearing was Alternate Hank Manz Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 11 Byron Avenue The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans and Photographs. Also received was a Building Permit Application for 11 Byron Avenue, Letter from Mr. John Farrington, dated July 1, 2016; Updated letter entitled “Grounds for Appeal,” dated July 19, 2016; and Eight (8) Letters from abutters in opposition. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Historic Districts Commission and Zoning Administrator. The petitioner is requesting an APPEAL OF THE BUILDING COMMISSIONER'S DECISION DATED APRIL 15, 2016 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.3. The Chairwoman opened the hearing at 8:15 pm by reading the legal notices and described information received from the petitioner. Mr. John Farrington, the attorney representing Mr. Michael Martignetti, the owner of 11 Byron Avenue asked to speak first in reference to the standing of the applicant’s petition. Mr. Farrington objected to the applicant presenting some of the issues in his petition because they are not under the jurisdiction of the Board of Appeals. Mr. Farrington referenced the comments in Mr. Neurath’s petition of a gap. Mr. Farrington stated that if cannot provide a more updated survey report, then he has no dispute of what the land court has approved and what is of record. The petitioner, Mr. Christopher Neurath, presented his application. He stated that the addition of the large house on Byron Avenue has had a major impact on the neighborhood in many ways. He has addressed the Zoning Administrator’s, Mr. George, and Mr. John Farrington’s comments in additional documents that he has provided. There are different issues he is presenting than what will be presented to the Historic District Commission. In relation to zoning, he feels that the home would bring a substantial amount of additional traffic to their neighborhood. There is already limited parking on Byron Avenue. There is also an issue with the tree screening. The trees that were previously on that lot were cleared out. There are also safety issues