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HomeMy WebLinkAbout2021-12-09-ZBA-min RECEIVED 2022 28 Jain, 936 ain't Minutes of the Lexington Zoning Board of Appeals TOWN CLERK Virtual, Via Zoom LEXINGTON MA December 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Associate Member Beth Masterman Alternate Member: James Osten Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 52 Locust Avenue The petitioner is requesting 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 10 foot fence to be located 0 feet from the property line instead of the required 10 feet. The petitioner submitted the following information with the application: Nature and Justification, and plot plan. 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 Department, Building Commissioner and Engineering Department. Presenter: Christine Markarian, homeowner of 52 Locust Ave and John Dupuis, attorney. The Hearing was re-opened at 7:05 pm (a roll call vote was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Beth Masterman—Yes, Norman P. Cohen —Yes and Nyles N. Barnert —Yes). Ms. Markarian presented the petition. She stated they originally requested a 10 foot fence and modified it to be a solid 8 foot fence with additional plantings. She reviewed the landscape plan. Kevin Sargis, attorney representing abutters at 3 Lexington Ave, stated they have seen the applicant's landscape plan and would like to offer their own plan. They find the landscaping does not address the privacy screening needs. Chair, Ralph D. Clifford, asked Mr. Surgis where in the bylaw it says anything about privacy. The landscaping will help to make the taller fence fit in with the character of the neighborhood. Mr. Surgis stated they are applying for a variance and the landscaping plan was part of discussion at the last hearing. They agreed to allow the fence to be up to the property line. Mr. Clifford stated the applicant is applying for a special permit. They are asking the board to do something they cannot do. It is not relevant. They need to look at compatibility of the scale with the neighborhood, which is a direct implication from plantings. Mr. Surgis stated Board members raised privacy concern at the last hearing. They have submitted their own planting plan. He stated noise is the larger issue. The larger the plants the more noise buffer there is. Mr. Dupuis stated the landscape plan addresses all issues raised. The issue is the 8 ft fence on the property line. Jonathan Kutrubes, of 3 Lexington Ave, stated they accepted a tighter setback for decent plantings. There were no further questions or comment from the audience. There no further questions from the Board. Ms. Markarian stated the request is for an 8 foot fence. This will be beneficial for various reasons. They are willing to put in some plantings. The fence will only be placed on the mutually agreed property line. The Hearing was closed at 7:23 pm (a role call was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Beth Masterman —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes) Mr. Clifford stated the Board needs to stay focused on the Zoning Bylaws. The Board should consider whether the fence is compatible with the scale on the neighborhood and solar access of adjoining lots. The compass shows solar access should not be a problem. The Board discussed and agreed an 8 foot fence would be acceptable. Mr. Clifford stated the landscape plan will need to be a condition. The plantings will break up the big square nature of the fence. He made the applicants aware that placing a fence on the property line can cause a maintenance nightmare. He stated they will have to stay on their own property as the fence is installed. It is a condition that a building permit be applied for prior to fence installation. Water drainage issues and tree issues will need to be addressed at the building permit level. There were no further comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a 8 foot fence to be located 0 feet from the property line instead of the required 10 feet (a role call was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Beth Masterman —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes) with conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: James Osten Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 32 School Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification to non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Elevations, Gross Floor Area Calculations, plans and plot plan. 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 Department and Building Commissioner. Presenter: Joyce Chin, homeowner of 32 School St and Lisa Hoang, of 40 Fay St Boston Ma, architect The Hearing was opened at 7:30 pm. Ms. Hoang presented the petition. She stated the existing dwelling is non-conforming with a front yard setback of 19.2 feet. She reviewed the plan and stated the proposal will be within the allowable gross floor area. This proposal is to accommodate of growing family of 5. An audience member, Brigid McGovern of 9 Grandview Ave, questioned if the addition was the same height of the existing house (Yes). There were no further questions from the audience. There were no questions from the Board. Ms. Chin stated they want to expand for their growing family. The Hearing was closed at 7:39 pm (a role call was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes. There were no comments from the Board. 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 135-8.4.2 to allow modification to non-conforming structure (a role call was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: James Osten Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 675 Waltham Street The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 to allow continued use of a golf recreational facility. The petitioner submitted the following information with the application: Nature and Justification, Previously Granted Special Permits and a Plot Plan Waiver Request. 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 Department, Building Commissioner and Conservation Administrator. A postponement was required to an issue with the legal notice posting. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a postponement to January 13, 2022 (a role call was taken: Ralph D. Clifford —Yes Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert —Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 9, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: James Osten Administrative Staff: James Kelly, Building Commissioner, Julie Krakauer, Zoning Administrator and Sharon Coffey, Administrative Clerk 1. Minutes from the November 18, 2021 Hearing The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approved the minutes from October 14, 2021 Hearing (a role call was taken: Ralph D. Clifford—Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes and Nyles N. Barnert—Yes). The Board voted to adjourn.