2021-12-09-ZBA-min - Laserfiche WebLink

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RECEIVED 2022 28 Jain, 936 ain't Minutes of the Lexington Zoning Board of Appeals TOWN CLERK Virtual, Via Zoom LEXINGTON MA December 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Associate Member Beth Masterman Alternate Member: James Osten Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator 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 and John Dupuis, attorney. The Hearing was re-opened at 7:05 pm (a roll call vote was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Beth Masterman—Yes, Norman P. Cohen —Yes and Nyles N. Barnert —Yes). Ms. Markarian presented the petition. She stated they originally requested a 10 foot fence and modified it to be a solid 8 foot fence with additional plantings. She reviewed the landscape plan. Kevin Sargis, attorney representing abutters at 3 Lexington Ave, stated they have seen the applicant's landscape plan and would like to offer their own plan. They find the landscaping does not address the privacy screening needs. Chair, Ralph D. Clifford, asked Mr. Surgis where in the bylaw it says anything about privacy. The landscaping will help to make the taller fence fit in with the character of the neighborhood. Mr. Surgis stated they are applying for a variance and the landscaping plan was part of discussion at the last hearing. They agreed to allow the fence to be up to the property line. Mr. Clifford stated the applicant is applying for a special permit. They are asking the board to do something they cannot do. It is not relevant. They need to look at compatibility of the scale with the neighborhood, which is a direct implication from plantings. Mr. Surgis stated Board members raised privacy concern at the last hearing. They have