2009-07-23-ZBA-min - Laserfiche WebLink

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BOA Meeting, July 23, 2009 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 73 Meriam Street, Map 63, Lot 45 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:51 pm by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Frederick Conroy presented the petition with the owner of the property, Barbara Bushey. The applicant seeks a variance in accordance with the Zoning By -Law section 135 -35A, Table 2 of the Dimension Controls to allow a rear yard setback of 13.8 ft. instead of the required 15 ft rear yard setback to bring a noncompliant addition into zoning compliance. Attorney Conroy explained the materials submitted with the application shows the addition completed. As the surveyor was preparing the as -built plot plan an error in the original plot plan prepared in 2002 was discovered. A wrong marker had been used and the house was built with a corner encroaching into the setback. A Board member had a concern as to why there are so many surveying mistakes made. It was explained that it is not unusual to have it happen due to interpretations of referenced markers used. The Board also asked about a nonconforming shed on the property. The shed has been on the property since before zoning regulations were in effect. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:20 pm.