HomeMy WebLinkAbout2022-11-10-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Virtual, Via Zoom
November 10, 2022
Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C.
Wood, James Osten and Associate Members Kathryn Roy and Beth Masterman
Administrative Staff: Jim Kelly, Building Commissioner and Julie Moore, Zoning Administrator
The Board of Appeals will be discussing and voting on updates to Chapter 138 (The
Regulations by which the Board of Appeals operates)
Chair, Ralph D. Clifford, stated as authorized by section 135-9.2.3 of the Zoning Bylaw (Chapter
138) the Board is considering changing the rules and regulations used for the administration of
the Zoning Board of Appeals business. The consideration at tonight’s Hearing is limited to the
administrative procedures set out in section 138. This consideration is needed as the
procedures described in section 138 are based on a paper-based system that is no longer used
and an online system is now used. Additionally, there are several older provisions that are no
longer relevant or are in need or language correction.
The Zoning Administrator, Julie Moore, stated the Board sent comments. questions and
suggestions which have been entered into the document.
The Board agreed it should be clearly indicated this is not a bylaw and the word “Regulations”
should be in the title. The Board discussed and agreed the title should read “Board of Appeals
Regulations”.
The Board discussed section 1 and agreed to the gender-neutral changes.
The Board discussed section 2 and agreed to the gender-neutral edits and other minor edits.
The Board discussed section 3 and agreed to the gender-neutral changes.
The Board discussed section 4 and agreed to the gender-neutral changes and edits to the clerk
responsibilities.
The Board discussed section 5. The Board agreed on edits to the associate members
responsibilities and agreed to the gender-neutral changes.
The Board discussed section 6 and agreed to the gender-neutral changes and the edits to the
scheduled Hearings.
The Board discussed section 7 and agreed to the edits on the application process.
The Board discussed section 8 and agreed to the edits made for filing an application.
The Board discussed section 9 and agreed on minor rewording. The Board discussed the
removal of section C of site review and agreed this section needs to be addressed further.
The Board discussed section 10 and agreed on minor edits to the fees.
The Board discussed section 13 and agreed to the minor edits.
The Board discussed section 14 and agreed on edits to the order of business.
The Board discussed section 15 and agreed on minor edits. The Board also agreed to move
section B and C, regarding the close of the Hearing and regarding the continuance of a hearing
to Article 14 as section 5 and 6.
The Board discussed section 16 and agreed on the rewording.
The Board discussed section 18 and agreed on the minor edits.
The Board discussed section 20. The Chair stated the Planning Board took the request to allow
the Zoning Board to have minor modification powers and will be putting out a warrant for the
next Town Meeting. The Board is likely to have the minor modification process after the next
Town Meeting. This provision is draft with that in mind but the Board will not have those powers
yet and will have to have another meeting to discuss this.
The Board discussed section 21 and agreed to minor edits.
The Board discussed section 22 and agreed to the edits made on the submission procedures.
The Board discussed section 23 and agreed on minor edits.
The Board discussed section 24 and agreed on minor edits.
The Board agreed to remove section 25, 26, 27, and 28.
The Board discussed section 29 and agreed on a minor edit.
There were no question or comments from the audience.
Mr. Clifford stated the Zoning Administrator would incorporate the edits into a complete
document, send it to the Board for final review and the Board will vote to approve the changes
at a later scheduled Hearing date.
There was no further discussion from the Board.
The Board voted to adjourn (a role call was taken: Ralph D. Clifford– Yes, James Osten – Yes,
Martha C. Wood – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Beth Masterman –
Yes).