HomeMy WebLinkAbout2021-08-12-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Virtual, via Zoom
August 12, 2021
Board Members: Acting Chair— Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen, Beth
Masterman and James Osten
Alternate Member: William P. Kennedy
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 50 Hancock Street
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section(s) 135-5.1.11 and 135-5.1.14 to allow a
driveway to be 0 feet from the property line instead of the required 5 feet.
The petitioner submitted the following information with the application: Nature and Justification,
Plot Plan and Plans.
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 Zoning
Administrator, Historical Commission, Building Commissioner and Conservation Administrator.
Presenter: John Vining, Feinmann, Inc. architect, on behalf of Anne and Adam Broun.
The Hearing was opened at: 7:00 PM.
Mr. Vining presented the petition. He stated they propose a rear addition adding a kitchen,
dining room and two car garage. In order to access the garage they need a special permit to
have the driveway on the property line.
The Board stated concerns for snow removal and water runoff(As the driveway goes down
toward the rear yard there is an area they can push the snow. They are creating a better
situation now. They are in the process of working with a landscape architect. The driveway will
have some sort of water retention systems based on conservations requirements. They fully
expect either dry wells or water retention system to be installed).
A Board Member, Norman P. Cohen, questioned if the project was in the Historic District
Commission and if the material of the driveway will stay the same (It is in the Historical
Commissions purview and yes).
Acting Chair, Jeanne K. Krieger, questioned tree removal (That is open for debate. They love
the trees).
There were no further questions from the Board.
An Audience member, Valery Rockwell of 58 Hancock Street, stated the snow has been a real
problem because there is nowhere to put the snow. The best solution is to extend the driveway
as it is proposed.
An Audience member, Tad Dickenson of 48 Hancock Street, stated their support.
There were no further questions or comments from the audience.
Ms. Krieger stated there could be changes requested from the Historical Commission and
Conservation which could impact the position of the driveway and make it a probability the
applicant would need to come back to the Board of Appeals (They understand that).
The Hearing was closed at 7:17 pm (a role call was taken:— Jeanne K. Krieger—Yes, Beth
Masterman —Yes, Norman P. Cohen —Yes, James Osten —Yes and Nyles N. Barnert—Yes).
The Board agreed this would be an improvement.
There were no further comments from the Board.
The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to
grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) section(s) 135-5.1.11 and 135-5.1.14 to allow a driveway to be 0 feet from the
property line instead of the required 5 feet (a role call was taken:— Jeanne K. Krieger—Yes,
Beth Masterman —Yes, Norman P. Cohen —Yes, James Osten —Yes and Nyles N. Barnert—
Yes).
Minutes of the Lexinqton Zoninq Board of Appeals
Virtual, via Zoom
August 12, 2021
Board Members: Acting Chair— Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen, Beth
Masterman and James Osten
Alternate Member: William P. Kennedy
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 13 Maple 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, elevations, Gross Floor Area Calculations, photographs and Plans. Also received was
a letter from the Chair of the Historic District Commission and an abutter letter in support.
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 Historic District
Commission, Building Commissioner, Planning Department and the Zoning Administrator.
Presenter: Christian Lanciaux, CLA- Christian Lanciaux Architect, on behalf of George
Gagliardi.
The Hearing was opened at: 7:18 PM.
Mr. Lanciaux presented the petition. He stated they are proposed the demolition and
reconstruction of a sun room, vestibule and porch. The existing is non-conforming as it exists in
the side yard setback. He then showed the proposed plan, reviewed what would be demolished
and rebuilt and showed photos of the existing area. One area would be brought further away
from the property line.
A Board Member, James Osten, stated they are going to be working close to existing shrubbery
and trees. He asked if there will be any impact on the barrier between the house and the
minuteman bike path (Right now there is not much room to get around but after demolition there
will be open access to the work zone. The method for excavation for the new foundation will be
done meticulously. There will be enough room to use a mini excavator and do some hand
digging).
There were no comments or questions from the audience.
There were no further questions from the Board.
The Hearing was closed at 7:30 pm (a role call was taken:— Jeanne K. Krieger—Yes, Beth
Masterman —Yes, Norman P. Cohen —Yes, James Osten —Yes and Nyles N. Barnert—Yes).
Acting Chair, Jeanne K. Krieger, stated this looks to be an improvement and needs to be done
to restore the historic building.
There were no further comments from the Board.
The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to
grant 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 to non-conforming structure (a
role call was taken:— Jeanne K. Krieger—Yes, Beth Masterman —Yes, Norman P. Cohen —
Yes, James Osten —Yes and Nyles N. Barnert—Yes).
Minutes of the Lexinqton Zoninq Board of Appeals
Virtually, Via Zoom
August 12, 2021
Board Members: Acting Chair— Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen, Beth
Masterman and James Osten
Alternate Member: William P. Kennedy
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Other Business:
1. Minutes from the July 22, 2021 Hearing
The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention of
approving the meeting minutes from the July 22, 2021 Hearing (a role call was taken:—Jeanne
K. Krieger—Yes, Beth Masterman —Yes, Norman P. Cohen —Yes, James Osten —Yes and
Nyles N. Barnert—Yes).
2. Farewell to Zoning Administrator, Jennifer Gingras.
On a motion made and seconded, the Board voted to adjourn.