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

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BOA Meeting, July 23, 2009 8 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: 36 Clelland Road, Mapl3, Lot 333 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 Building Commissioner, the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:15 pm by reading the legal notices and described information received from the petitioner relative to the petition. A letter of support was received from Michael Bruce and Rebecca Greenberg of 32 Clelland Road. Rasko Ojdrovic, owner of the property, presented the petition. The applicant is appealing a decision of the Building Commissioner dated June 15, 2009. The applicant explained to the Board he had moved forward in good faith with plans for building after a 2002 decision by the Lexington Zoning Officer that determined the lots were buildable. The sub - division plans had been accepted by Planning in 2004. The petitioner also explained his family has organized their lives around this project and has gone to great expense bringing in the underground utilities and road improvements that was required by Planning. The petitioner also wanted to address a variance for a set back but was told by the Chairman that the application and the legal notice only addressed the Commissioner's decision. Mr. Ojdrovic will re -apply for the variance. The Board asked the Building Commissioner, Garry Rhodes, to address this petition. Mr. Rhodes explained the lot merger laws have changed and his decision was based on his interpretation of the changes. The Town Council had advised him the lots had been merged under the current law. The Board discussed the issues and the problems with merging lots and what defies a sub division versus building one lot at a time.