HomeMy WebLinkAbout2024-01-11-HC-min
Lexington Board of Appeals
Lexington Historical Commission
Meeting Minutes
January 11. 2024
Meeting Conducted by Remote Participation
Commissioners Present: Robert Rotberg, Chair, Marilyn Fenollosa, Wendall Kalsow, Susan Bennett,
Diane Pursley.
Commissioner Absent:
Associate Commissioners Present: David Kelland.
Associate Commissioner Absent:
Staff Present: Siqing Pan, Department Assistant
Board of Appeals Chair Ralph Clifford called the January 11, 2024 Zoning Board of Appeals
meeting to order at 7:00 pm.
The Historical Commission attended the Board of Appeals Hearing to give their advice on a ZBA
application at a posted ZBA Zoom meeting.
AGENDA ITEM: Hosmer House – 43 Blossomcrest Road, also referred to as 790 Waltham
Street (Record # ZBA-23-42)
APPLICANT: William Dailey Jr. on behalf of John P. Carroll and JPC LLC
SPECIAL PERMIT MODIFICATION section 135-9.4.7 to allow modification to a previously granted
SPECIAL PERMIT dated October 13, 2022.
The applicant William Dailey briefly explained the request of removing the requirement that a Historic
Preservation Restriction be obtained prior to issuance of the Certificate of Occupancy and inserting a
provision that no alteration can be made to the exterior of the original house without approval from the
Board of Appeals.
Mr. Rotberg, Chair of the Historical Commission (HC), spoke of behalf of the HC to share its objection
to the modification and summarized a letter that it sent to the board as part of the application. He stated
that the HC only supported this previously granted Special Permit because the proposal had merit in
regards to promises made by the Carrolls to preserve the house as a historical home and keep its character
during and after the move of the home. He emphasized that it is the belief of the HC that the Hosmer
House has been destroyed. The Carrolls had the opportunity to work with the MHC or other professionals
in the historical preservation field in order to fulfill this condition of the previously granted Special Permit.
Mr. Rotberg offered one potential solution: asking the Carrolls to return the House to the Town. The HC
does not want a Certificate of Occupancy to be issued. Mr. Rotberg closed by urging the Board to deny
the application for modification otherwise the crucial work of volunteer boards in Town like the HC
becomes purposeless.
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Ms. Bennett, 64 Bloomfield Street, shared personal views in opposition to the Hearing. She stated her
opposition and emphasized how experience with and involvement in the moving of another historical
home in Lexington from Hancock Street that was in similar disrepair as the Hosmer House, proved that
this home could have been successfully moved with approved plans that met the standards of the
Massachusetts Secretary of the Interior and the Massachusetts Historical Commission (MHC). She stated
her belief that if the Board approves this modification then they are setting a dangerous standard for the
movement and preservation of historical homes in Lexington in the future.
Ms. Fenollosa, 10 Marshall Road, shared views of opposition on the matter. Ms. Fenollosa highlighted
her background in Historic Preservation on the National, Regional, State, and Local levels. She stated her
past involvement in rehabilitation and preserving the Hosmer House along with her help in drafting the
original preservation restriction on this Special Permit. She stated that should the Board remove this
requirement from the Special Permit a terrible precedent would be set and it would move the town back
many years and undo years of work in preservation of the Historical nature of Lexington. She shared her
belief that the owners should demolish the home or remove it from its nonconforming lot.
Mr. Kalsow, 25 Summit Road, stated views of opposition. He stated that the owners had no past dialogue
with the MHC and simply ignored a critical requirement of the purchase of the home. It is his belief that
there could have been offers from other contractors had historical preservation not been a requirement and
therefore the requirement should be enforced. Mr. Kalsow stated that he has no knowledge of discussions
from the Carrolls questioning how to rectify the changes and make the requirement achievable.
Mr. Kelland, 884 Massachusetts Avenue, Alternate Member on the Historical Commission, spoke on
behalf of the Historical Commission. He stated that there is only one solution to the problem and that is
for the owners to move the house to a conforming lot, on which the preservation restriction would not be
required and therefore they would be allowed to sell or occupy the house while also adhering to zoning
requirements. Mr. Kelland stated that the Board must set a precedent to not have a home built on or moved
to a nonconforming structure.
The hearing was closed at 8:17pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen–
Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes)
Mr. Clifford Chair stated that public comment would not have to be opened but the Board but they may
decide that they want to get opinions from the Public.
The Board of Appeals discussed and agreed to Continue the Hearing to the February 8, 2024 Board of
Appeals Meeting to provide them with ample time to draft language for new conditions.
The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a
continuance until the February 8, 2024 Hearing (a roll call vote was taken: Ralph D. Clifford– Yes,
Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) with
conditions.
AGENDA ITEM: Adjourn
The Board of Appeals made a motion to adjourn at 8:23pm. Motion carried. All in favor.
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