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

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Mr. Barnert stated the abutters are concerned about noise, what steps will be taken to make sure there is maximum noise suppression (Ms. Markarian stated the current fence has a lattis. The proposed fence is a 10 foot solid fence). A Board Member, Norman P. Cohen, stated the abutter letter supports the fence but had a number of conditions. The Board might not have jurisdiction over those conditions but asked if the applicant would be open to any of those. Mr. Dupuis stated the issue before the board is for a fence. The board should not entertain that. Mr. Clifford clarified that the Board has a right on special permits to put associated conditions. Mr. Dupuis requested the Board to stick to conditions that are relevant to the fence. Associate Member, Beth Masterman, stated the presentation showed angles that could look into the backyard from 3 Lexington Ave. Even with a 10 foot fence they would still see what is going on. She questioned what is driving the 10 foot fence (Ms. Markarian stated the abutters may still be able to see but when in the pool or hot tub they themselves would not be able to see the abutter. They can't go any higher than 10 feet). Mr. Clifford stated everyone has backyards you can see into, he questioned what makes this lot different (Mr. Dupuis stated this is having to do with alleged noise issues. There have been multiple noise complaints from 3 Lexington Ave. The fence will help mitigate the noise). Mr. Clifford stated the presentation was about privacy concerns. Noise control is not part of 135- 4.3 of the Zoning Bylaw. They have limitations in terms of what the Board can look at. Mr. Clifford discussed landscaping. A row of arborvitae would give privacy and noise deadening (Ms. Markarian stated over by the hot tub they planted 6 foot arborvitae and need to wait for them to grow. At the bottom they planted four trees that were supposed to grow and they didn't. It is the elevation that makes this property different. Plants don't mitigate noise as well as a solid fence that goes to the ground without any gaps. The neighbor has an 8 foot tall fence on a wall). Kevin Sargis, attorney representing the homeowners of 3 Lexington St, stated they submitted a submission that was in favor of the applicant's proposal. The applicant is seeking to replace the fence that belongs to 3 Lexington Ave. The abutters at 3 Lexington Ave are in favor of an 8 foot fence constructed 18 inches off the property line. They are concerned about noise. The landscaping solutions are a simple request. The moving of the hot tub would help with noise. They wish to mitigate noise and privacy issues on both sides. Jonathan Kutrubes, of 3 Lexington Ave, stated his support for a taller fence. The reason they wanted to take the fence down was to replace it with a solid fence. He stated his concern for a fence taller than 8 foot damaging trees. He suggested to fill in a gully where there are water issues and that would raise grade which would raising the fence height. A Board Member, Jeanne K. Krieger, asked Mr. Kutrubes what the fate of the fence would be if the applicant were to put up the new fence prior to taking down the existing fence (Mr. Kutrubes stated they would like not to have two fences. They planned to remove the fence in sections to fix the grade).