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

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Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 12, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, David G. Williams, Martha C. Wood, and Ralph D. Clifford Also present at the hearing was Alternate Nyles N. Barnert Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 31/55 Allen Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Photographs. Also received was a map of the property from the Massachusetts Historical Commission, dated February and March 1984; E- mail from Marie Tulin to Fred Lonardo, dated February 3, 2016; Letter from Attorney Edmund Grant, dated April 21, 2016; (4) Letters of support from abutters; Promotional pamphlet from Bina Farm Center. 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 Building Commissioner, Conservation Administrator and Zoning Administrator. APPEAL OF A BUILDING COMMISSIONER'S The petitioner is requesting an DECISION, DATED JANUARY 30, 2016 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.3. The Chairwoman opened the hearing at 7:34 pm by reading the legal notice and described information received from the petitioner. Ms. Marie Tulin presented the application. She is speaking on behalf of the neighbors and abutters around 31/55 Allen Street that presently houses Bina Farm, a charitable organization, educational. It’s afforded protections under chapter 40b3 under MGL C. 40 B-3 gives leeway not a free ride. The building inspector can interpret the law but cannot offer blanket exceptions from zoning bylaws. How she reads 40b3, it doesn’t automatically entitle educational or charitable organizations to complete, total relief from zoning bylaws by reading the language in the bylaw - they may be subject to reasonable regulations concerning the bulk height of structures, lot area setbacks, open space and parking and building requirements. No evidence the BC considered the impact to the neighborhood. When she spoke with him and asked if he had any idea how large the structure was, he replied it was big. He also said that he did not see the construction site but had sent someone else. It doesn’t demonstrate the kind of knowledge that should have gone with this decision. The abutters agree that it doesn’t meet zoning regulations; for example parking and is not in compliance with zoning regulations and it’s not entitled to receive relief from zoning regulations. They don’t Submitted by: Jennifer Gingras, Administrative Clerk