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

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BOA Meeting July 28, 2016 9 The Building Commissioner, Mr. Fred Lonardo spoke. He wanted to clarify that this project is in a residential district so it’s an allowed use. He doesn’t recall Mr. Neurath coming into the office to ask him about interpretation and he doesn’t see anything that would show a zoning violation. An audience member, Ms. Wendy Russman of 15 Lockwood Road, spoke in support of Mr. Neurath’s petition. She stated that the Town is not seeing the issue as a whole. The building permit application for 11 Byron Avenue had false information but it was still granted. The application for 11 Byron had false information but it was granted. At the HDC meeting, they fought to have the house to remain and the driveway to go to Maple Street but they were told it’s impossible because it’s too steep. Now they are being told there can be a driveway. Mr. Martignetti is on the mansionization committee in his neighborhood and is against these types of projects in his neighborhood. One of the agreements with the HDC would be that the trees would be left in the setback but all the trees were taken down. An audience member, Ms. Andrea Yodsampa of 23 Byron Avenue, spoke in support of Mr. Neurath’s petition. The project has damaged the neighborhood by adding safety concerns. The neighborhood doesn’t know where to take this issue because every department they go to states it’s not their issue. Ms. Yodsampa encouraged the Board to take a serious look at the petition and take their argument seriously. An audience member, Ms. Sarah Higginbotham of 21 Byron Avenue, spoke in support of Mr. Neurath’s petition. An audience member, Ms. Barbara Murphy of 11 Lockwood Road, asked if there is any possibility of the driveway going to Maple Street instead of Byron Avenue (no). The Chairwoman, Ms. Krieger, stated that it is allowable under the Lexington bylaws to use the frontage on Byron Avenue. An audience member, Ms. Donna Moultrup of 10 Lockwood Road, stated that she met with Mr. Lonardo previously and he had told her that it’s not a Zoning Board of Appeals issue. The neighbors don’t know where else to turn but feel they should have an opportunity to have a say in what can be done. Ms. Moultrup asked the Board how they can get this issue changed. The Chairwoman, Ms. Krieger, responded that she has no answer to that. The Board of Appeals’ job is to correctly interpret the Lexington zoning bylaws. The house is being built by right and the applicant’s issues with the zoning bylaws have no merit. The applicant, Mr. Neurath, stated that he would like the Board to read the court cases and see how this is a misinterpretation of the zoning bylaw. The case law has set a new precedent in Massachusetts and Lexington is behind. Most towns don’t allow an exemption just because it doesn’t meet the setback requirements. An audience member, Ms. Andrea Yodsampa of 23 Byron Avenue, asked how Mr. Neurath’s argument doesn’t have merit before the Board of Appeals.