2021-10-28-ZBA-min - Laserfiche WebLink

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RECEIVED 2021 21 IDea, °21 Il u Minutes of the Lexinqton Zoninq Board of Appeals TOWN UERI( I( Virtual, Via Zoom t EX l bt G1 ON MA October 28, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Associate Member Beth Masterman Alternate Member: Michael Boudett Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 52 Locust Avenue The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-4.3.4 to allow a 10 foot fence to be located 0 feet from the property line instead of the required 10 feet. The petitioner submitted the following information with the application: Nature and Justification, and plot plan. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Department, Building Commissioner and Engineering Department. Presenter: Christine Markarian, homeowner of 52 Locust Ave The Hearing was opened at 7:06 pm Ms. Markarian presented the petition. She stated her proposal is to construct a 10 foot fence on the property line. There is currently a 6 foot fence on the property line. The residents at 3 Lexington Ave submitted a letter with the Building Commissioner stating they will remove the existing fence. This is an issue because they have a pool so a fence is required. The reasons for a taller fence is to increase privacy, reduce visibility from 3 Lexington Ave and mitigate sound. 3 Lexington Ave is significantly higher, the property is at a 90 degree angle and the house is elevated. A Board Member, Nyles N. Barnert, questioned if the property line dispute had been resolved (Ms. Markarian stated they would agree to only put up the fence once it is resolved). John Dupuis, attorney representing the homeowners at 52 Locust Ave, stated the way the fence would be put would be to follow the existing fence line, which should not present an issue. Chair, Ralph D. Clifford, stated the property line dispute may present an issue at the building permit level. Mr. Dupuis stated the dispute will be resolved before the fence goes up.