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Minutes of the Lexinqton Zoninq Board of Appeals
<br /> Selectmen's Meeting Room
<br /> January 28, 2021
<br /> Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P.
<br /> Cohen and Martha C. Wood
<br /> Alternate Member: James Osten
<br /> Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
<br /> Administrative Clerk
<br /> Address: 7 Fulton Road
<br /> As two appeals were filed associated with the same building permit, the Board considered them
<br /> together. The petitioners are requesting an APPEAL OF THE ISSUANCE OF THE BUILDING
<br /> PERMIT B-20-1226 DATED NOVEMEBER 16, 2020 in accordance with the Zoning By-Law
<br /> (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.3.
<br /> The petitioner David Ernst submitted the following information with his petition: Floor plans, plot
<br /> plan, gross floor area calculation, and elevations.
<br /> The petitioner Elizabeth Warren submitted the following information with her petition: Floor
<br /> plans, plot plan, gross floor area calculation, and elevations. Also received from Elizabeth
<br /> Warren and representative was a tree plan, letter from developer stating intent to remove trees,
<br /> email from developer to Building Commissioner coordinating meeting with the Warrens, letter of
<br /> developer notifying Building Commissioner of the Warrens preference, email from Conservation
<br /> Administrator to Building Commissioner noting no demo permit and no rear lot line, Red Maple
<br /> tree appraisal, original plot plan, email developer stating intent to raise grade, revised plot plan,
<br /> email the Building Commissioner states grading is in compliance, Red Maple Critical Root Zone
<br /> letter, email developer stating intent to raise grade, letter stating damaged maple tree driven by
<br /> construction, certified survey of shared Maple tree, letter discrediting report by arborist, and
<br /> relevant Lexington Bylaws and Massachusetts Case Law.
<br /> The developer of 7 Fulton Road submitted the following information: A tree removal plan, PES
<br /> Report, letter to ZBA, Email for John Livesy, tree plot plan, tree report, a second tree plot plan,
<br /> and photographs.
<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 Zoning
<br /> Administrator and the Building Commissioner.
<br /> Presenters: David Ernst and Tim Fallon, attorney representing Nicholas and Elizabeth Warren
<br /> The Hearing was opened at: 7:00
<br /> Chair, Ralph D. Clifford, stated the Board will consider the two appeals simultaneously.
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