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2023-06-22-ZBA-min
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2023-06-22-ZBA-min
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Last modified
11/30/2023 2:39:55 PM
Creation date
11/29/2023 3:04:56 PM
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Year
2023
Author or Source
Sharon Coffey, LUHD
Department
Town Clerk
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Minutes
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<br />The batting cage has been used and they are prepared to prove it is in violation of the noise <br />ordinance. <br /> <br />Mr. Clifford stated the March 28, 2023 letter re-indicates that it is seeking an amended request <br />for enforcement. He questioned if there was any procedure in the bylaw to amend a request for <br />enforcement (There is no specific procedure. Common sense dictates that the matter could <br />have been considered as a new request or as an amended request). <br /> <br />A Board Member, Martha C. Wood, stated the noise bylaw does not come before the Zoning <br />Board of Appeals. <br /> <br />Mr. Clifford stated there has been refence to noise but that is on the merits. This should be <br />dismissed; the Board does not have a decision of a Zoning Administrator as it was a request to <br />amend and the Zoning Administrator said they can’t amend. Mr. Clifford stated he doesn’t think <br />there is a decision and without a decision there can’t be an appeal under that statues. <br /> <br />There were no questions or comments from the audience regarding the Boards ability to make <br />the decision. <br /> <br />There were no further questions from the Board. <br /> <br />Mr. Posner stated he received a communication from the Zoning Administrator regarding the <br />request that was made and it stated ‘denied”. It did not clarify. The Board has an opportunity to <br />take action that is consistent with the Towns bylaw. <br /> <br />The Hearing was closed at 7:18 pm (a roll call vote was taken: Ralph D. Clifford– No, Norman P. <br />Cohen– No, Beth Masterman – No, Martha C. Wood – No, and Nyles N. Barnert – No). <br /> <br />Mr. Clifford stated it is important the Board not exercise powers they don’t have. The Board has <br />the power to review decisions of the Zoning Administrator in an enforcement request and that is <br />not what is before the Board. <br /> <br />There were no further comments from the Board. <br /> <br />The Board of appeals voted zero (0) in favor, five (5) opposed, and zero (0) in abstention that <br />the Board has jurisdiction regarding an APPEAL OF THE ZONING ADMINISTRATOR <br />DETERMINIATION DATED April 11, 2023 in accordance with the Zoning By-Law (Chapter 135 <br />of the Code of Lexington) section(s) 135-9.2.2.3 regarding a 'batting cage' (a roll call vote was <br />taken: Ralph D. Clifford– No, Norman P. Cohen– No, Beth Masterman – No, Martha C. Wood – <br />No, and Nyles N. Barnert – No). Having found the Board does not have jurisdiction, the Appeal <br />was DISMISSED without prejudice. <br /> <br /> <br /> <br /> <br /> <br /> <br />
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