2024-02-22-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom February 22, 2024 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and Associate Member Scott Cooper Alternate Member: Jeanne Krieger Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore, Zoning Administrator, 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, 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. The Hearing was opened at 7:05 pm. Petitioner: Deepak Dalvi and Netrali Dalvi Deepak Dalvi presented the petition along with Netrali Dalvi of 48 Forest Street. Mr. Dalvi shared his family history of being residents of Lexington for 10 years and provided an overview of recent renovations to the home. He also described the property characteristics including a bomb shelter that is robust and in close proximity to a Japanese maple tree that they wish to protect. The bomb shelter is partially underground and approximately 10 feet in height. Mr. Dalvi shared that a primary reason for the proposed deck over the bomb shelter is for safety improvements. The home owners love their property and neighborhood and care for the environment. Photographs of the existing site where shared and Mr. Dalvi highlighted the 6.5 feet between the bomb shelter edge and the neighbor’s home. He emphasized letters of support and highlighted mentions of aesthetics and functionality from the abutters. He also shared how long they have been disrupted in their home due to construction and their desire to be completed with all construction as to enjoy their home fully. It was clarified that they are requesting approval of a deck as it will offer an aesthetically better-looking structure and a safer, more functional plan for the property. This proposal will improve quality of life of the family. Board Member, Scott Cooper, questioned if the Bomb Shelter is still usable and where the access to it is. He also asked if the owners considered removing it. (Yes, is functional and has access from a crawl space in the basement. The character that the bomb shelter adds is well loved and removal was not considered and would likely be costly.)