2018-12-13-ZBA-min - Laserfiche WebLink

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6 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 56 Webb Street The petitioner is requesting a PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington, to allow a maximum of 100 cubic yards of fill to be brought to the property. Applicant: Angie Kavlakian The applicant has requested a continuation to the January 24, 2019 meeting. Mr. Cohen recused himself from the discussion and decision regarding 56 Webb Street. An audience member, Ms. Marilyn Jane of 42 Webb Street, stated that there has already been 2 appeals on this property by the Board of Appeals and the Conservation Commission. Ms. Jane asked how those previous appeals would impact the Board of Appeal's decision. Acting Chair, Ms. Krieger confirmed that the Board of Appeals has previously made the decision to not remove the fill. Ms. Jane asked to clarify what a farm permit would include and if there are any requirements before using the land as a farm. The Zoning Administrator, Ms. Jennifer Gingras, stated that the agricultural use is exempt per Massachusetts General Law but the Zoning Board of Appeals is asking for more information and documentation ensuring that the land will be used for agriculture. Ms. Jane emphasized that the property owners have continued to clear the land. The Acting Chair, Ms. Krieger stated that it is their right as a property owner to remove growth. The Zoning Administrator, Ms. Gingras, affirmed that they are allowed to maintain their land and that clearing of the land is outside of the ZBA's jurisdiction. Ms. Jane asked if any other permits were applied for concerning this property. The Acting Chair, Ms. Krieger confirmed that no other permits have been applied for. Ms. Krieger stated again that they are asking the applicants for a plan on how they intend to use their right of way access.