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2022-10-13-ZBA-min
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2022-10-13-ZBA-min
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1/11/2023 1:06:14 PM
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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 />October 13, 2022 <br /> <br />Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James Osten <br />and Associate Beth Masterman <br /> <br />Alternate Member: William Kennedy <br /> <br />Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning <br />Administrator 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 f rom applicant <br />regarding wall height. Updated documents submitted prior to the October 13, 2022 Hearing <br />were the remediation plan, drawing showing fence and wall scale, and a percolation test. <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: Timothy Lee, Land Surveyor, on behalf of Shireen Ahmed <br /> <br />Timothy Lee, landscape architect at 1 Bow St Lexington MA, stated the first issue was with the <br />retaining wall and fence along the property line. There were concerns about stability, height and <br />massing. They have put together a solution. He showed the plan. The six-foot-high fence will be <br />removed and reinstalled six inches from the property line. The new wall will be constructed <br />inside the fence. On the east side the wall will be six inches from property line, because the wall <br />height will vary from 6 inches to 36 inches high they are requesting that relief. The wall will be <br />three inches higher than the new lawn in order to contain water runoff. The second item is the <br />issue of the fill. They collected soil samples and submitted the samples to UMASS Soil and Plan <br />Tissue Testing Lab in Amherst. They hired a civil engineer to perform a percolation test. The soil <br />is a loam and suitable for gardening. The soil was tested for lead and was in acceptable range. <br />The soil was found to be permeable for the area. Everything falls within the acceptable range on <br />the soil test report. The last concern the Board had was the fence being installed across <br />property boundaries. That fencing has been removed. The retaining wall will be wrapping <br />around that side of the property, that area will be excavated and gravel will be installed to <br />reduce runoff. The proposed plan has mitigated the massing and run off concern. Testing and <br />analysis have shown the soil is loam and suitably permeable. <br />
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