2023-04-19-HC-min - Laserfiche WebLink

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AGENDA ITEM #4: Hosmer House Update (Report of Meetings) Mr. Rotberg and Ms. Fenollosa shared information of their meeting with Town Staff and Town Counsel th held the previous week on April 12, 2023. Mr. Rotberg stated that the Hosmer House had been built and roofed, despite the fact that there was an existing stop work order and a HC decision. Town Counsel stated that they would work with the MHC to see if there was a way that the MHC could accept a preservation restriction on the building that was essentially new construction, if it could be done to exact standards that the HC agreed on ahead of time. Mr. Kalsow stated that the preservation restriction by the MHC was integral to the whole process, so that the plans will be need to be submitted and approved by the MHC and HC prior to any work being started. Ms. Bennett reiterated that the whole premise on which the special permit was violated flagrantly. It violated all the protections around historic preservation in Lexington. The HC did have the opportunity to appeal whatever the Building Commissioner does to the Board of Appeals. The special permit should be invalidated because it was built on a framework that had been totally disregarded. MOTION: Given that the Historical Commission believed that the owners of 39-43 Blossomcrest Rd, AKA the Hosmer House, have violated (i) the terms of the RFP to which they and the Historical Commission agreed, (ii) the terms of the special permit that was issued pursuant to Ch. 135.6.2 of the Lexington Zoning Code, and (iii) the provisions of the zoning bylaw itself, the Commission asserts that appropriate remedies are required. Furthermore, the owners have failed to comply with the requirement that a preservation restriction acceptable to the Lexington Historical Commission and the Massachusetts Historical Commission be executed and that the historic fabric of the Hosmer House should be fully retained as of the date of the preservation restriction. In view of these several outright violations of law and regulations, the Lexington Historical th Commission on April 19, 2023 requested that the stop work order issued by the Building Commissioner be continued until such time as the owners of the former Hosmer House agree in writing to the reconstruction of the Hosmer House fully to its exact condition before its removal from Fletcher Park in 2022. It should be understood, and also agreed in writing, that such reconstruction will be done to the satisfaction of the Lexington Historical Commission, as represented by a qualified preservation architect on behalf of the Commission. The Historical Commission further recommends that the owners of the (now former) Hosmer House themselves hire a separate qualified preservation architect to advise them on how to comply with the reconstruction requirements. The Historical Commission further urges that all punitive measures, including maximum fines, that are applicable to the violation of the above-mentioned bylaws and permits be applied to the owners. 2 / 8