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2024-02-22-ZBA-min
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2024-02-22-ZBA-min
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4/2/2024 10:45:02 AM
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3/29/2024 9:01:07 AM
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2024
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Olivia Lawler, LUHD Staff
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Town Clerk
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Minutes
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Minutes of the Lexington Zoning Board of Appeals <br />Virtual, Via Zoom <br />February 22, 2024 <br />Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. <br />Wood, and Associate Member Scott Cooper <br />Alternate Member: Jeanne Krieger <br />Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore, Zoning <br />Administrator, and Olivia Lawler, Administrative Clerk <br />Address: 48 Forest Street <br />The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law <br />(Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification of <br />a non-conforming structure. <br />The petitioner submitted the following information with the application: Nature and Justification, <br />Plot Plan, Floor Plans, Elevations, Photographs, Gross Floor Area Calculations, Cover Letter to <br />ZBA dated January 18, 2024, Previously Approved Building Plans, and Letters from Abutters. <br />Prior to the meeting, the petitions and supporting data were reviewed by the Building <br />Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning <br />Director, the Historic District Commission Clerk, Historical Commission, Economic <br />Development, and the Zoning Administrator. Comments were received from the Building <br />Commissioner, Planning Department, and Zoning Administrator. <br />The Hearing was opened at 7:05 pm. <br />Petitioner: Deepak Dalvi and Netrali Dalvi <br />Deepak Dalvi presented the petition along with Netrali Dalvi of 48 Forest Street. Mr. Dalvi <br />shared his family history of being residents of Lexington for 10 years and provided an overview <br />of recent renovations to the home. He also described the property characteristics including a <br />bomb shelter that is robust and in close proximity to a Japanese maple tree that they wish to <br />protect. The bomb shelter is partially underground and approximately 10 feet in height. Mr. Dalvi <br />shared that a primary reason for the proposed deck over the bomb shelter is for safety <br />improvements. The home owners love their property and neighborhood and care for the <br />environment. Photographs of the existing site where shared and Mr. Dalvi highlighted the 6.5 <br />feet between the bomb shelter edge and the neighbor’s home. He emphasized letters of <br />support and highlighted mentions of aesthetics and functionality from the abutters. He also <br />shared how long they have been disrupted in their home due to construction and their desire to <br />be completed with all construction as to enjoy their home fully. It was clarified that they are <br />requesting approval of a deck as it will offer an aesthetically better-looking structure and a safer, <br />more functional plan for the property. This proposal will improve quality of life of the family. <br />Board Member, Scott Cooper, questioned if the Bomb Shelter is still usable and where the <br />access to it is. He also asked if the owners considered removing it. (Yes, is functional and has <br />access from a crawl space in the basement. The character that the bomb shelter adds is well <br />loved and removal was not considered and would likely be costly.)
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