2021-07-22-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom July 22, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. A minor modification determination to modify condition number 5 of Special Permit with Site Plan Review, dated September 28, 1988 at 201 Spring Street (Record # ZBA-21-22). Fredrick DeAngelis, attorney, was present to represent the proposal. Chair, Ralph D. Clifford, stated the first step is to determine whether this is a minor matter or not. He stated he could not find in the bylaw the language that allows the Board to do minor modifications. There was a major revision of the bylaws and the authority that they have to do a minor modification was moved to another jurisdiction. Mr. DeAngelis stated they are not asking for any major changes. Condition number 5 requires an annual report. They are requesting relief from the annual filing of the report. They don't want to be in technical default. He then explained the previous plan and the traffic route. If and when requested with the proper authorities they can sit down and discuss transportation patterns instead of the annual report. A Board Member, Nyles N. Barnert, stated it sounds like this got transferred to the Planning Board and they are the ones who should issue the minor modification. Mr. Clifford stated if the site plan review had been done by the Board of Appeals originally then the Board maintains jurisdiction. The Board does have overall jurisdiction on the file but not to do minor modifications. He is not convinced this is a minor modification and is not comfortable with this. Mr. Clifford quoted the Planning Board regulation. The traffic report could have impact on buses, etc. He is hesitant to say it's a minor modification. A Board Member, Norman P. Cohen, stated if they could get it into the bylaw it seems an argument could be made that this is a minor modification. Instead of written report but meeting periodically with the proper officials would be something to consider. The board agreed they would not feel comfortable going forward with this.