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Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
February 27, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P.
McSweeney and Associate Members Ralph D. Clifford and Frederic S. Johnson
Staff Present: Dianne Cornaro, Administrative Clerk, and David George, Zoning
Administrator
Address: 409 Massachusetts Avenue, Map 21, Lot 11 and 12
Due to a scheduling conflict, the petitioners, John C. Bartenstein and Donna requested
to continue the hearing until Thursday, March 27, 2014.
On a motion by Jeanne K. Krieger and seconded by Frederic S. Johnson, the Board
voted, 5-1 to continue the hearing until March 27, 2014 at 7:30 pm.
On a motion by Jeanne K. Krieger and seconded by Frederic S. Johnson, the Board
voted, 5-0 to waive the constructive grant deadline until 45 days after the conclusion of
the continued hearing.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting February 27, 2014 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
February 27, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P.
McSweeney and Associate Members Ralph D. Clifford and Frederic S. Johnson
Staff Present: Dianne Cornaro, Administrative Clerk, and David George, Zoning
Administrator
Address: 307 Marrett Road, Map 32, Lot 58B
This hearing was postponed from February 13, 2014 due to a snow storm that closed
the Lexington Town Hall.
The petitioner submitted the following information with the applications: nature and
justification of request; plot plan; elevations and floor plans; additional comments from
Mr. Leaf answering the Zoning Administrator’s questions and an e-mail dated February
13, 2014 consenting to the date change due to snow storm.
Prior to the hearing, the petitions and supporting data were reviewed by the Acting
Building Commissioner, Conservation Administrator, Town Engineer, Board of
Selectmen, the Zoning Administrator, the Planning Director, Economic Development;
the Historic District Commission Clerk and the Zoning Administrator Comments were
received from the Conservation Administrator, the Planning Director and the Zoning
Administrator.
The Chairman opened the hearing at 7:38 pm by reading the legal notices and
described information received from the petitioner.
The petitioner is requesting a SPECIAL PERMIT from Sections 135-8.4.2 and 135-
9.4.2 to allow modification of a nonconforming structure.
Richard Leaf of Leaf Design Associates presented the petition for the owner of the
property, Andreia Luke. Also attending the hearing were Andrea’s mother and brother,
who also reside at the property.
At the hearing Mr. Leaf presented a petition signed by 13 abutters in support of the
petition and explained the proposed addition. The applicant seeks to construct an
approximate 750 sq. ft. 2.5-story garage and living space addition to the rear of the
existing structure.
The Chairwoman questioned the applicant on the driveway and advised them they will
need to come back before the Board for a variance if the driveway is less than 5 feet
from the lot line.
One of the Board members wanted to be reassured they will be using the garage for
cars. (Definitely)
BOA Meeting February 27, 2014 3
Other Board members asked how they planned on controlling the run-off and if they
had considered impervious material for the driveway.
Contractor Jeff Valletta answered they will have their Engineer show elevations for the
run off and will submit calculations with the building permit application.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:00 pm.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board
voted 5-0, to grant a SPECIAL PERMIT from Sections 135-8.4.2 and 135-9.4.2 to
allow modification of a nonconforming structure with the condition the petitioner submit
with the building permit application a drainage plan that covers the current house and
the addition.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting February 27, 2014 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
February 27, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P.
McSweeney and Associate Members Ralph D. Clifford and Frederic S. Johnson
Staff Present: Dianne Cornaro, Administrative Clerk, and David George, Zoning
Administrator
OTHER BUSINESS:
Address: 34 Wood Street, Map 59, Lot 30
The Board received a letter from Peter Chiampa requesting a second extension of the
variance and special permit granted in September of 2012 due to unforeseen personal
reasons.
On September 12, 2013 Mr. Chiampa received a one year extension until March 27,
2014.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant the requested extension for a period of 6 month. This extension will
expire on September 27, 2014.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting February 27, 2014 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
February 27, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P.
McSweeney and Associate Members Ralph D. Clifford and Frederic S. Johnson
Staff Present: Dianne Cornaro, Administrative Clerk, and David George, Zoning
Administrator
OTHER BUSINESS:
Address: 17 Colony Road, Map 63, Lot 19B
The Board received a letter from Attorney Patricia S. Nelson requesting a 6 month
extension of a variance granted to James G. Anderson and Shirine Boulos Anderson
on February 14, 2013.
The Andersons cannot obtain a building permit or convey the newly created lot until
they have received approval from the Planning Board under the unaccepted street
regulations. They have spent months working with a civil engineering firm to do the
engineering and necessary plans for the project. Unfortunately, the engineer they
were working with is no longer with the firm and issues have arisen regarding the
scope of work. They are now in the process of evaluating other civil engineers and
expect to proceed once the winter ice and snow have subsided.
On a motion by Ralph D. Clifford and seconded by Jeanne K. Krieger, the Board voted
5-0 to grant the requested extension for a period of 6 month. This extension will expire
on September 27, 2014.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting February 27, 2014 6
The Board went into a short recess until 8:30 pm before starting the advertised 8:30
pm hearing for 100 Gleason Road.
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
February 27, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P.
McSweeney and Associate Members Ralph D. Clifford and Frederic S. Johnson
Staff Present: Dianne Cornaro, Administrative Clerk, and David George, Zoning
Administrator
Address: 100 Gleason Road, Map 78, Lot 169
This hearing was postponed from February 13, 2014 due to a snow storm that closed
the Lexington Town Hall.
The petitioner submitted the following information with the applications: nature and
justification of request; plot plan; elevations; floor plans and an e-mail of consenting to
the postponement of the hearing due to a snow storm.
Prior to the hearing, the petitions and supporting data were reviewed by the Acting
Building Commissioner, Conservation Administrator, Town Engineer, Board of
Selectmen, the Zoning Administrator, the Planning Director, Economic Development;
the Historic District Commission Clerk and the Zoning Administrator. Comments were
received from the Zoning Administrator.
The Chairman opened the hearing at 8:30 pm by reading the legal notices and
described information received from the petitioner.
The petitioner is requesting a SPECIAL PERMIT from Sections 135-8.4.2 in
accordance with 135-9.4.2 to allow modification of a nonconforming structure.
Architect Peter Daus-Haberle presented the petition for Chris Voce, owner of the
property, by explaining the proposed second story over the garage for a bedroom
addition.
At the hearing Mr. Daus-Haberle presented letters of support from 4 abutters.
A Board member questioned if there would be any difference to the existing setbacks.
(No difference to the nonconformity.)
Another Board member asked the age of the home. (Built in 1942)
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
BOA Meeting February 27, 2014 7
The hearing was closed at 8:35 pm.
Decision
On a motion by Ralph D. Clifford and seconded by Frederic S. Johnson, the Board
voted 5-0, to grant a SPECIAL PERMIT from Section 135-8.4.2 in accordance with
135-9.4.2 to allow modification of a nonconforming structure.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting February 27, 2014 8
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
February 27, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Leo P.
McSweeney and Associate Members Ralph D. Clifford and Frederic S. Johnson
Staff Present: Dianne Cornaro, Administrative Clerk, and David George, Zoning
Administrator
OTHER BUSINESS:
David George, the Zoning Administrator, spoke of the CPTC Annual Conference to be
held in Worchester.
An Associate Member asked for an explanation of “unaccepted streets”. David
George explained the 3 types of streets in Lexington. (Paved, unaccepted private and
paper.)