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Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 8, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph
D. Clifford and Associate Member Nyles N. Barnert and William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 27-31 Massachusetts Avenue
The petitioner submitted the following information with the application: Nature and
Justification and Site Plan. Also received was a Special Permit, dated January 12,
2017 and a letter from William Nardone, Landscape Contractor, dated April 28, 2017.
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, Economic Development,
and Zoning Administrator.
The petitioner is requesting a RENEWAL OF SPECIAL PERMIT, DATED JANUARY
12, 2017 in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) section 135-9.4 to allow continued operation of the car wash).
The Chairwoman opened the hearing at 7:30 pm.
Attorney Ed Grant presented the petition on behalf of the applicant. The special permit
for the car wash was renewed by the Board on with a deadline of August 1, 2017 to
have a landscape plan. The applicants have met with Karen Mullins, the Conservation
Administrator and John Livsey, the Town Engineer, to talk about the landscaping. The
landscaping plan they came up with is shown on the site plan distributed to the Board.
The applicants also met and reviewed the landscape plans with David George, the
Zoning Administrator and Fred Lonardo, the Building Commissioner, who requested
that there be continued maintenance of the landscape plan. Based on all the above,
the applicants request that the special permit be renewed, with condition 3 of the
decision removed and inserting the landscape plan and maintenance plan. They
would also like to request that it be renewed without limitation. If not, they ask they
impose a limitation of 7 years.
A Board Member, Mr. Nyles N. Barnert, asked if the contract with the landscape
contractor is for a specific time (the applicant, Ron Thompson, responded that the
contractor will maintain the landscaping once a month and currently the contract is for
a year. The employees of the car wash will also keep up with the landscape care as
needed).
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A Board Member, Mr. David G. Williams, asked why the Economic Development
Director, has comments that about making the planting bed 15 ft wide (the applicants
responded they are perplexed by her comments and think she may be referencing the
East Lexington neighborhood but will have his landscape architect look into it).
Mr. Grant showed the Board photos of the property.
There was a discussion among the board about the limitation of time for the Special
Permit.
A Board Member, Mr. Barnert, asked how often staff will look at the property to see
how it’s maintained (The Zoning Administrator, Mr. George, stated that if there is a
condition of time, staff will do a site visit as it gets close to that particular hearing).
The Chairwoman closed the hearing at 7:42 pm.
On a motion by Ralph D. Clifford and seconded by David G. Williams, the Board voted
5-0 to grant a RENEWAL OF SPECIAL PERMIT, DATED JANUARY 12, 2017 in
accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section
135-9.4 to allow continued operation of the car wash with a condition that the Special
Permit be renewed in three (3) years.
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 8, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph
D. Clifford and Associate Member Nyles N. Barnert and William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 2561 Massachusetts Avenue
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans and Photographs.
Also received was a request for waiver of certified plot plan and specifications for
American Earth Anchors.
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, Planning Office and Zoning Administrator.
The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.2.2 and 135-4.1.1, Table 2
(Schedule of Dimensional Controls) to allow a 5 ft rear-yard setback instead of the
required 15 ft setback.
The Chairwoman opened the hearing at 7:43 pm.
The applicant, Mr. Dennis O’Donnell, presented the petition. He is proposing to build a
10 ft x 12 ft shed in his backyard. The location he has selected fits practical access for
the yard and would like to request a 5 ft side yard setback instead of the required 15 ft
setback.
A Board Member, Mr. Ralph D. Clifford, stated that the Board has to determine that
there is a substantial hardship in order to grant a Variance (Mr. O’Donnell responded
that based on the topography of his yard, he would have to level it in a conforming part
of the yard and the cost would be greater). Mr. Clifford stated that there should be a
substantial hardship and after viewing the property, has seen it’s not incredibly sloped
(Mr. O’Donnell stated that if he stayed within the setback requirements, it would be too
close to the house. He also has gates on both sides so he needs to be able to access
those. Placing the shed in any other location would impair the use of the rest of his
yard).
A Board Member, Mr. David G. Williams, stated that a possible solution is to build the
shed to be 9 x 12 and back it up to the garage and fireproof the wall. If he did that, he
wouldn’t have to request a variance (Mr. O’Donnell asked if there’s any issue with the
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Building Department with doing something like that). Mr. Williams stated that he
believes he would have to fireproof the wall.
A Board Member, Mr. Nyles N. Barnert, stated that the setback will include the bump-
out (Mr. O’Donnell asked if he can place the shed against the structure as long as he
fireproofs it). The Board responded yes.
The Chairwoman, Ms. Jeanne K. Krieger, asked the applicant what the height is of the
proposed shed will be (Mr. O’Donnell responded that he is planning to make the floor
to ceiling height 8 ft). Ms. Krieger stated that if it’s below 7 ft then it’s considered a
crawl space (Mr. O’Donnell passed out a document breaking down the gross floor area
of the structures on the property).
Ms. Krieger explained the option of withdrawing the application to the applicant.
A Board Member, Mr. William P. Kennedy, asked the applicant why he is using earth
anchors (Mr. O’Donnell responded that he using skids and wants to make sure it
doesn’t blow away).
The applicant completed a Request for Withdrawal form and submitted it to the Board.
On a motion by Ralph D. Clifford and seconded by Nyles N. Barnert, the Board voted
5-0 to grant a REQUEST FOR WITHDRAWAL, DATED JUNE 8, 2017.
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 8, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph
D. Clifford and Associate Member Nyles N. Barnert and William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 160 Lincoln Street
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations, and Floor Plans.
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, Engineering
Department, Health Department, Planning Office, and Zoning Administrator.
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow
modification to a non-conforming structure.
The Chairwoman opened the hearing at 7:55 pm.
The applicant, Mr. Ivan Hernandez, presented the petition. He is proposing to build a
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2 floor addition and a rear addition to the current home. The current structure is non-
conforming. They also have a situation in which they have wetlands in the rear of the
property. For that reason, they are forced to move the structure forward, going further
into the setback.
A Board Member, Mr. Nyles N. Barnert, asked the applicant for clarification on the side
yard setback (The applicant responded 15 ft on the left and no closer to the property
line on the right). Mr. Barnert stated that he is a concern about the home moving
forward because the home is already closer to the front property line than the other
property.
A Board Member, Mr. David G. Williams, asked the applicant if he will be saving the
existing foundation (the applicant responded yes, and they are saving an existing
wall). Mr. Williams stated he can’t imagine the Conservation Commission would allow
him to build within the 50ft buffer zone and the house is too big for that site.
Therefore, he is in opposition to the petition.
The Chairwoman, Ms. Jeanne K. Krieger, asked if the applicants have gone in front of
Conservation (no).
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Mr. Brian Butler with Oxbow Associates stated they have met with Karen Mullins, the
Conservation Administrator. There is a 50 ft no structure zone in the conservation
bylaw but there is a provision on pre-existing structures. In the event of a pre-existing
structure, there is a 41 ft offset from the existing wetlands, which becomes the new
diminius setback. The proposed structures are 41 ft on the east side and 45 ft on the
west side. In that regard it will comply with the Wetlands Act. They haven’t gone
through the formal notice of intent hearing but they are expecting it to be approved.
Ms. Krieger asked the applicant if they were to demolish the house, would they still
have to maintain the 41 ft offset from the wetlands (they would need to maintain the 41
or greater offset).
Ms. Krieger stated that the proposed house is too large for such a fragile lot.
A Board Member, Mr. Ralph D. Clifford, stated that he agrees with Ms. Krieger and is
in opposition due to the petition.
A Board Member, Mr. William P. Kennedy, stated that he agrees as well.
An audience member, Ms. Minmin Yang of 166 Lincoln Street, asked the applicant for
clarification on the distance he will be extending into the front setback (4 ft and the
side yard setback will be 15 ft on the left and the house will be 2 stories in height).
An audience member, Mr. Antonio Bonanno of 158 Lincoln Street, stated that he is
opposed to the petition due to his view being blocked from the driveway. Mr. Bonanno
is okay with the proposed height of the strucutre, but is concerned about it going
forward. Additionaly, he is concerned about the drainage since his driveway is lower
(the applicant responded that another reason for moving the house forward is to
accommodate a normal garage).
Ms. Krieger stated it’s highly unlikely that this will be approved and explained the
option of withdrawing the application to the applicant.
The Zoning Administrator, Mr. David George, stated that another option would be for
the applicant to request a continuance and revise the plans to reflect what the Board
would like to see.
The owner of the property, Mr. Yi Yue, spoke. The existing ranch home has a 4 ft
porch in the front so they won’t technically be adding more, they will be using that 4ft
space for the home. There are other homes on that street that have a similar setback
so it won’t be closer to the road than the other neighbors. Because of the
Conservation issue, they spoke with Karen Mullins, the Conservation Administrator,
who agreed that the option they proposed would have the least impact to the wetlands.
Ms. Krieger stated that the real concern is the intrusion and mass of the house.
Mr. Williams stated that Conservation is only telling the applicants what is ideal, not
what the Zoning Board would like to see (the applicant responded that Conservation
wasn’t very lenient with what they initially proposed).
There was a discussion about dates for continuation.
Mr. Brian Butler with Oxbow Associates stated the lot is predominately wetlands and is
unbuildable. They know that they will most likely not be able to push the house back
any further towards the wetlands.
The applicant requested a continuance to the July 27, 2017 Board of Appeals meeting.
On a motion by William P. Kennedy and seconded by Nyles N. Barnert, the Board
voted 5-0 to grant a CONTINUANCE TO THE JULY 27, 2017 BOARD OF APPEALS
MEETING.
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 8, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph
D. Clifford and Associate Member Nyles N. Barnert and William P. Kennedy
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1) Minutes of Meetings from May 25, 2017 Hearing
On a motion by Ralph D. Clifford and seconded by Nyles N. Barnert, the Board voted
5-0 to approve the minutes of May 25, 2017.
On a motion made and seconded, the meeting was adjourned.
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