2019-06-27-ZBA-min - Laserfiche WebLink

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On a motion made and seconded, the Board voted to close the hearing at 9:44 PM. Mr. Clifford stated they are the first and foremost authority of what the Lexington bylaw means. When it comes to the application of the bylaw the Board needs to be careful on how some of the bylaw provisions are phrased. There has been discussion about what the parking exception means in the Dover Amendment, the SJC is concerned about making sure there is sufficient parking and not with the set up or design. When it comes to a Dover case they have to be sensitive to not interfere with the statutorily allowed uses in the regulations that are imposed. The method for the decision will be to go through all eight issues raised individually. The Board reviewed each item raised in the Applicant's appeal individually and found that the enforcement denial should be reversed only for screening, landscaping, and lighting reasons listed above. Loss of property value and neighborhood character After a discussion on the intention of the Dover Amendment, on a Motion by Martha C. Wood, and seconded by Jeanne K. Krieger, the Board voted 5-0 to find that the Zoning Administrator's decision was proper in this decision. Snow storage The Board discussed that there is not a requirement in the bylaw on where snow placement should be and if there is an issue later on, it can be enforced thru the Town. The Board also referenced that the safety considerations from the Fire Department and the Conservation buffer zones were considered appropriately. On a Motion by Nyles N. Barnert, and seconded by Jeanne K. Krieger, the Board voted 5-0 to find that the Zoning Administrator's decision was proper in this decision. Placement and quantity of parking The Board discussed the intention to provide minimum parking requirements, not maximum, and to prevent off-site parking. On a Motion by Marth C. Wood, and seconded by Jeanne K. Krieger, the Board voted 5-0 to find that the Zoning Administrator's decision was proper in this decision. Drainage The Board stated that drainage is not under the jurisdiction of the Zoning Board, and is considered under the Engineering and Conservation Departments. During inspections done by Board members, there was no flooding observed during heavy rainfall and the Engineering Department did not have any issues. Mr. Williams expressed a concern with the vegetation dying in the area and did see an impact with the water. On a Motion by Nyles N. Barnert, and seconded by Martha C. Wood, the Board voted 4-1 (David G. Williams in opposition) to find that the Zoning Administrator's decision was proper in this decision. Light spill over The Board discussed concerns with the lighting that did not have a schedule of when it would be turned off during evening hours. On a Motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 0-5 to find that the Zoning Administrator's decision was proper in consideration of this aspect citing that a lighting schedule for the lighting system that is