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

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A Board Member, Martha C. Wood, questioned if the soil has been tested for pfas (No, it has only been tested for the basics). Board Member, Norman P. Cohen, stated this is an opportunity to move the fence even further back and leave space for maintenance (Property is a premium. Giving up land can cause confusion in the future. It is typical practice to install fences six inches from the property line). Chair, Ralph D. Clifford, questioned how tall the fence will be (Six feet). He stated that would be compliant with zoning (That is the understanding). Zoning Administrator, Julie Krakauer Moore, clarified the Special Permit request would be for the retaining wall height because it is not setback its height. Mr. Clifford questioned the max height of the retaining wall (36 inches). An audience member, Robert Cataldo of 30 Solomon Pierce Road Lexington Ma, stated he has little problem with what is being proposed. Due to the condition his mother-in-law’s property was left in all work will be need to be done from the applicant’s side of the property. This is a better proposal. A Board Member, James Osten, questioned the site line and visibility for Mr. Cataldo (Mr. Cataldo stated the site line is not affected by the fence because that is what it would be anyways. What is left there is residual fill against the wall). There were no further questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 7:27 pm (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Beth Masterman – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). Mr. Barnert stated when writing the new fence and wall bylaw they probably envisioned a step up, not a step down. Associate Member, Beth Masterman, questioned if is was possible to erect the fence without going onto the neighbor’s property. Mr. Clifford stated it is possible but it won’t be easy. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-4.3.4 to allow a three-foot tall retaining wall to be located six inches from the property line instead of the required three feet (a roll call vote was taken: Ralph D. Clifford– Yes, James Osten – Yes, Beth Masterman – Yes, Norman P. Cohen – Yes and Nyles N. Barnert – Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Earth Fill and Removal Bylaw, Chapter 43 of the Code of the Town of Lexington to allow fifty-four yards of fill to remain on the premises rather than the maximum permitted twenty-five cubic yards (a roll call vote was taken: Ralph D.