2022-10-13-ZBA-min - Laserfiche WebLink

Browse Search

Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 13, 2022 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James Osten and Associate Beth Masterman Alternate Member: William Kennedy Administrative Staff: Jim Kelly, Building Commissioner Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 393 Lincoln St The petitioner is requesting a SPECIAL PERMIT section(s) 135-9.4 and 135-4.3.4 to allow an 8' 8" combined retaining wall and fence to be located 0 (zero) feet from the property line instead of the required 8' 8” and SPECIAL PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington to allow 70 yards of fill to be placed on premises rather than the maximum permitted (25 cubic yards). The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, and Photographs. Also submitted was an email confirmation f rom applicant regarding wall height. Updated documents submitted prior to the October 13, 2022 Hearing were the remediation plan, drawing showing fence and wall scale, and a percolation test. 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 Administrator, Conservation Administrator, Engineering Department, Planning Department and Select Board Office. Presenter: Timothy Lee, Land Surveyor, on behalf of Shireen Ahmed Timothy Lee, landscape architect at 1 Bow St Lexington MA, stated the first issue was with the retaining wall and fence along the property line. There were concerns about stability, height and massing. They have put together a solution. He showed the plan. The six-foot-high fence will be removed and reinstalled six inches from the property line. The new wall will be constructed inside the fence. On the east side the wall will be six inches from property line, because the wall height will vary from 6 inches to 36 inches high they are requesting that relief. The wall will be three inches higher than the new lawn in order to contain water runoff. The second item is the issue of the fill. They collected soil samples and submitted the samples to UMASS Soil and Plan Tissue Testing Lab in Amherst. They hired a civil engineer to perform a percolation test. The soil is a loam and suitable for gardening. The soil was tested for lead and was in acceptable range. The soil was found to be permeable for the area. Everything falls within the acceptable range on the soil test report. The last concern the Board had was the fence being installed across property boundaries. That fencing has been removed. The retaining wall will be wrapping around that side of the property, that area will be excavated and gravel will be installed to reduce runoff. The proposed plan has mitigated the massing and run off concern. Testing and analysis have shown the soil is loam and suitably permeable.