2016-08-11-ZBA-min - Laserfiche WebLink

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BOA Meeting August 11, 2016 8 is only one tax bill and one deed). Mr. Dommings stated that he owns five (5) lots on Valleyfield and is concerned about this proposal happening on other lots. Mr. Fenn stated that Lexington didn’t allow the merger doctrine. The Zoning Administrator, Mr. George had spoken with him about not going in stating that this is a grandfathered lot, but rather apply for the variances. Mr. Dommings stated that they are creating two (2) non-conforming lots with this proposal. If the Board grants these variances, they are creating a precedent for others to request the same thing. A Board Member, Mr. Williams, stated that many lawyers have proposed this but most of the time they have separate tax bills but in this case they only have one (that is correct). A Board Member, Ms. Wood, stated that the Board of Appeals votes on each application separately so their decision on this wouldn’t create a precedent. A Board Member, Mr. Osten, asked if the applicant if there would be two (2) separate deeds if they granted the applicant’s proposal and if they could be sold separately (yes, there would be the existing home and the modular structure). A Board Member, Mr. Williams, stated that he doesn’t agree that these are small homes. A Board Member, Mr. Wells, stated that it’s the first time he’s seen so many signatures in favor of a petition. An accessory apartment is totally different from what they are proposing. He is in favor of the petition. The Chairwoman, Ms. Krieger, stated that an accessory apartment would only be able to have one owner and is comparable to what they are proposing. They have to also take into consideration the support of the neighborhood. A Board Member, Mr. Williams stated that the Board can’t take into consideration personal situations, they have to consider zoning issues. Mr. Fenn stated that they are trying to prevent affordable housing from not being available. A Board Member, Mr. Osten, stated that there are three (3) direct abutters present that are in favor of the petition, a petition with 40 signatures in support of the petition, and one (1) audience member stating he is not in support. He is in support of the petition. A Board Member, Ms. Wood stated that the side setbacks are an issue because they are so close (All the homes have a 50ft frontage so they would be similar to all the other homes and the difference wouldn’t be noticed). The Chairwoman closed the hearing at 9:15 pm.