2024-03-28-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 28, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Administrative Clerk Address: 48 Forest 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 of a non-conforming structure. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, Elevations, Photographs, Gross Floor Area Calculations, Cover Letter to ZBA dated January 18, 2024, Previously Approved Building Plans, Deck Plan, and Letters from Abutters. 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 Department, and Zoning Administrator. Revised deck plans and plot were submitted for this hearing. The hearing was opened at a previous meeting on February 22, 2024. Petitioner: Deepak Dalvi and Netrali Dalvi Deepak Dalvi presented the petition. He began by providing an overview of the last hearing on February 22, 2024. He described how after that meeting, he met with the Building Commissioner and the Zoning Administrator along with his contractor and architect to discuss the possibilities for the project, taking into mind the comments and concerns that the Board previously shared. Mr. Dalvi shared an updated plot plan that altered the way the bomb shelter was previously illustrated, emphasizing that the field stone wall is a part of the existing structure of the bomb shelter. He shared revised plans with a smaller deck and plantings on the top edge of the field stone wall and along the ground on the edge of the field stone wall. He mentioned there were concerns about the deck previously being constructed without a building permit, so a building permit has now been submitted for these revised plans to ensure they are following all of the proper approval processes. Mr. Dalvi shared photographs of the property from the front and rear with mockups of the proposed deck included. He and Netrali Dalvi emphasized the Japanese maple tree that they want to preserve. He shared the safety concerns they have with the wall, and how the deck offers safe ingress and egress to his family and aging parents.