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2022-08-11-ZBA-min
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2022-08-11-ZBA-min
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1/11/2023 1:06:14 PM
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11/23/2022 9:05:24 AM
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2022
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Town Clerk
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Minutes - ZBA - Zoning Board of Appeals
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Minutes of the Lexington Zoning Board of Appeals <br />Virtual, Via Zoom <br />August 11, 2022 <br /> <br />Board Members: Chair – Ralph D. Clifford, Jeanne K. Krieger, Norman P. Cohen, Nyles <br />Barnert and Associate Member Beth Masterman <br /> <br />Alternate Member: Kathryn Roy and James Osten <br /> <br />Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer, Zoning Administrator <br />and Sharon Coffey, Administrative Clerk <br /> <br />Address: 393 Lincoln St <br /> <br />The petitioner is requesting a SPECIAL PERMIT section(s) 135-9.4 and 135-4.3.4 to allow an 8' <br />8" combined retaining wall and fence to be located 0 (zero) feet from the property line instead of <br />the required 8' 8” and SPECIAL PERMIT in accordance with the Earth Fill and Removal Bylaw, <br />Chapter 43 of the Code of the Town of Lexington to allow 70 yards of fill to be placed on <br />premises rather than the maximum permitted (25 cubic yards). <br /> <br />The petitioner submitted the following information with the application: Nature and Justification, <br />Plot Plan, Plans, and Photographs. Also submitted was an email confirmation form applicant <br />regarding wall height. <br /> <br />Prior to the meeting, the petitions and supporting data were reviewed by the Building <br />Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning <br />Director, the Historic District Commission Clerk, Historical Commission, Economic <br />Development, and the Zoning Administrator. Comments were received from the Zoning <br />Administrator, Conservation Administrator, Engineering Department, Planning Department and <br />Select Board Office. <br /> <br />Presenter: John Denis, attorney, on behalf of Shireen Ahmed <br /> <br />The Hearing was opened at 7:14 pm. <br /> <br />Mr. Denis at stated the Ahmed’s had work done in their yard that was out of conformance. They <br />have a new grandson and were looking to make the yard a safe place for him to play. They did <br />this work without a permit. They brought in loam to level the back yard, put in a retaining wall <br />and installed a fence. It is non-conforming, they found out and were trying to figure out how to <br />make this situation right. There are four main issue. First, is the retaining wall installed. The <br />Town is asking that the wall be checked for stability. They are trying to have a civil engineer <br />examine the wall, they are hoping to do this in a month. The second issue deals with the fact <br />that the fence on the retaining wall exceeds the height requirement on two sides. They plan to <br />cut the fence height down to four feet which at its highest point would make it eight inches over <br />the height limit. This would require a Special Permit. The third issue is the fill. They learned the <br />actual amount of fill brought in was 54 yards. They have sent out soil samples to UMASS <br />laboratory to test for contaminants and they will request the civil engineer to asses the drainage <br />issues that might be attendant to the fill. The last issue is the builder installed the fence over the <br />property line, this has been removed but the neighbors had installed their own fence. There is <br />some work that needs to be done to level and fix a trench, they have already contracted <br />someone to fix this.
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