2016-05-12-ZBA-min - Laserfiche WebLink

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BOA Meeting May 12, 2016 3 else. She feels frustration but there was a meeting in the winter regarding the permit process for the area. On the same day she came down to look at the plans and the plans showed the structure to be in a completely different section of the land that turned out to be wetlands and without her knowing the plans were moved to the other side of the land. They didn’t have the opportunity to understand what was happening. She understands the importance of special education but she feels that if a neighborhood had had an opportunity to discuss the possibility of a different material, it would have helped. An audience member, Mr. Subi Dey of 36 Allen Street spoke. He feels like it’s oversized for the property, even though it’s built on a 23 acre piece of land. It’s unnatural material for the area. He has seen similar arenas built with a natural structure that go better with the surrounding environment. He is not sure there is a need for such a big structure. A Board Member, Mr. Ralph Clifford addressed Mr. Grant with questions. In regards to area of standing, he asked if Mr. Grant is in agreement that the abutters have the standing to challenge this matter (He hasn’t looked at that. There is only one person that applied for the application. Presumptively, since Ms. Tulin lives across the street, she would have standing. Since she is the only person that signed the application, he can’t speak for anyone else). Mr. Clifford stated that the statute in question indicates that the structure may be subject to reasonable regulation to the height of the structure. Mr. Clifford asked why that doesn’t include the 40ft limitation in the Lexington bylaws. (The 40ft zoning height regulation is in play. The ZA and BC have discretion to apply that as long as it doesn’t bring detrimental harm to a 501-c3 organization as they advance their purpose. They have the flexibility to apply that standard and not apply it literally. Strict compliance is not necessary. A 2.5 differential from the height is pretty de-minimus). Mr. Clifford stated that in section 3 of the statute, the town has discretion but he doesn’t see where the building department has discretion. Although a lot of educational and religious organizations are exempt completely, He doesn’t see in the regulation that a reasonable height regulation can be ignored. (Mr. Grant stated he doesn’t think the regulation was ignored – it was applied with flexibility). Mr. Clifford asked Mr. Grant if the Zoning Enforcement Officer doesn’t have to go by the regulations (The Zoning Administrator has to be mindful of the zoning regulations because under state law the town has certain things they can do but have to be mindful of 501c3 when you have use as of right as Bina Farm does. They wouldn’t have even needed this structure if it wasn’t for adverse weather. Coryn Bina is amenable to trying to work with neighbors. The Building Commissioner and Zoning Administrator looked at the building regulations and decided that the 42.5 ft didn’t have to be in compliance with the 40ft standard. They were mindful of the standard.) A Board Member, Mr. Edward McCarthy addressed Mr. Grant and asked what happened with the sign issue. (Coryn had applied for the zoning relief for signage and withdrew it without prejudice stating she would be happy to listen to what the neighbors wanted to do as far as signs go.There are currently 72 people in Lexington using the facility. The signs are evidence of her trying to work with the town.) Submitted by: Jennifer Gingras, Administrative Clerk