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HomeMy WebLinkAbout2023-12-14-ZBA-min Minutes of the Lexington Board of Appeals Virtual, Via Zoom December 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 19 Crescent Hill Avenue 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 nonconforming structure. The petitioner submitted the following information with the application: Average natural Grade Calculations, Height Calculations, Certified Abutters List, Certified Plot Plan, Gross Floor Area Calculation, Drawings, Designs, Elevations, Floor Plan. 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 Planning Department and the Zoning Administrator. The Hearing was opened at 7:12 pm Presenter: Keith Miller Mr. Miller presented the petition. He stated the desire of the owners to add an addition to the rear of their home to allow for an open floor plan on their first floor and a master suite on the second. Examination of the neighborhood portrayed that the addition will not affect the character of the neighborhood as the A-Frame Gambrel style architecture and character that the property currently has will be preserved. Mr. Miller presented a letter of approval from an immediate abutter at 21 Crescent Hill Ave. who lives closest to the proposed nonconformance setback. Mr. Miller stated that the property runs East to West and therefore the proposed addition would not add any new shadows that would affect neighbors. Mr. Miller shared proposed building plans with the Board and stated that the setbacks from the existing roof are 7.3 Ft. on the front-left side of the house and 7.2 Ft. on the back-left side of the house, with the proposed new roof set back would be 7.0 Ft. He mentioned that no trees or shrubs would be impacted by the nonconforming structure. Zoning Administrator, Julie Moore, stated that Lexington measures setbacks from the furthest projected point of a structure, clarifying that the existing set back of the home is 5.8 Ft. on the front-left side and 5.5 Ft. for the proposed addition that was shared. Board member, Norman P. Cohen, asked to clarify if the proposed nonconforming structure goes as far back as the front of the garage and if it stops there (Yes, if goes to the garage, and just about lines up with the existing garage structure). No further questions from the board. No questions or comments from the audience. Mr. Miller summarized that they are requesting to be granted special permit for a modification of a nonconforming structure that would not directly affect the neighborhood and has written support from an immediate abutter. The hearing was closed at 7:21pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Board Chair, Ralph D. Clifford, suggested a condition that the special permit for modification of a nonconforming structure, if granted, does not pertain to elsewhere on the property aside from the locations show on the plans submitted with this application. 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 of a nonconforming structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) with conditions. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 1265 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT RENEWAL in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4 Table 1 (Permitted Uses and Development Standards), Lines C.1.03 and P.1.02 to operate a nursery and retail garden center, to allow the seasonal sale of Christmas trees and wreaths, and to extend regular business hours during Spring and Christmas seasons. The petitioner submitted the following information with the application: Nature and Justification, plans, comments from the Building Commissioner, comments from the Zoning Administrator, and a plot plan waiver request. 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 Building Commissioner and the Zoning Administrator. The Hearing was opened at 7:23 pm Presenter: Laura Hopkins and Jessica Michalek on behalf of Seasons Four Ms. Laura Hopkins presented the petition along with Jessica Michalek on behalf of Seasons Four. She requested that SPECIAL PERMIT be granted renewal to allow for extended business hours during Spring and Christmas seasons and to allow to continue to keep operating a nursery and retail garden center. Ms. Hopkins asked for the Board to consider altering the SPECIAL PERMIT renewal time requirement from 5 years to 10 years. Board Member, Nyles N. Barnert, asked the Petitioner is the same conditions are still accurate for this renewal? (Ms. Hopkins stated, yes) Board Member, James A. Osten, commented that he is impressed that there have been no complaints from abutters against Four Seasons, while other similar businesses have had complaints previously. Chair, Ralph D. Clifford, asked the zoning administrator if there had been any complaints against Four Seasons (No complaints that the Zoning Administrator is aware of) No further questions from the board. No questions or comments from the audience. Ms. Hopkins summarized that Four Seasons love being in town and will continue to honor their tradition of being good neighbors and would appreciate a longer renewal time due to their continued compliance and respect from abutters. Hearing was closed at 7:27 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Board agreed on a 5-year permit renewal process all standard conditions No further comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the plot plan requirement. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT RENEWAL in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4 Table 1 (Permitted Uses and Development Standards), Lines C.1.03 and P.1.02 to operate a nursery and retail garden center, to allow the seasonal sale of Christmas trees and wreaths, and to extend regular business hours during Spring and Christmas seasons(a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 301 Massachusetts Avenue The petitioner is requesting a SPECIAL PERMIT RENEWAL in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4, Table 1 (Permitted Uses and Development Standards) section L.1.01 to allow operation of a motor vehicle rental business including hand washing, related office and administrative use and parking for no more of 13 vehicles. The petitioner submitted the following information with the application: plans and a plot plan waiver. 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 and Conservation Director. The Hearing was opened at 7:30pm. Petitioner: Stephen Keough Mr. Keough presented the petition on behalf of Enterprise Rent-a-Car. He asked to the granted the renewal to continue doing business in town renting cars, washing them in their one wash bay and utilizing their 13 parking spaces as stated on the lease. He clarified that the one car wash bay utilizes an oil and water separator that helps prevent environmental issues along with the bay being pitched to allow water to flow directly into the drain to reduce environmental effects. Mr. Keough stated the business fulfills approximately 600 transactions monthly and they hope to continue to service the residents and businesses of Lexington for years to come. They have installed a new camera system, altered the lightbulbs utilized, and changed the pitch of lighting following complaints of the lighting. This will reduce the brightness of the lights after hours. They have not received complaints that they are aware of since the changes were made. Board Member, Nyles N. Barnert, asked if they have solved the issue of cars from the business being parked on the street (Yes, there are driving teams that work after hours to remove cars from incorrect parking spots. Unaware of new complaints regarding this matter.) Chair, Ralph D. Clifford, questioned if the changes to the lighting have been reviewed and inspected by the town (No) Mr. Clifford, questioned if the Petitioner was seeking renewal with the same conditions (Yes) Mr. Clifford, questioned if a condition to get the lighting inspected by the town to ensure it is to Code would be agreeable. (Yes) No further questions from Board. No comments or questions from audience Mr. Keough stated Enterprise Rent-a-Car does not plan on leaving the town and would like to continue to provide services to Lexington for many years to come. Hearing was closed at 7:35. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Mr. Clifford, suggested the Board keep all the standard conditions and add a condition for the lighting to be inspected by the town and brought up to Code if necessary. The Board agreed to the conditions. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the plot plan requirement. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT RENEWAL in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4, Table 1 (Permitted Uses and Development Standards) section L.1.01 to allow operation of a motor vehicle rental business including hand washing, related office and administrative use and parking for no more of 13 vehicles with conditions on a five year renewal. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 333 Woburn 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 135-3.4 Table 1 (Permitted Uses and Development Standards) line I.1.04 to allow a package liquor store, with no consumption on the premises The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Plot Plan, and photographs. 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, Planning Department, and Select Board. The Hearing was opened at 7:38 pm Presenter: Frederick Gilgun Mr. Gilgun presented the petition on behalf of ANR Realty. He described how the 2-Unit property in a commercial zone has been owned by ANR Realty since 2015 and there used to an additional beneficiary whom did not wish to make improvements to the property. Since becoming the sole beneficiary, Mr. Patel wishes to utilize funds to rehabilitate the property. They plan on painting, constructing a new awning, and installing new signage. All noncompliant current signs on the structure will be removed along with two (2) dumpsters on the property that are not owned by the property owner. A new dumpster will be utilized and placed in the rear of the building in a fenced area. Additional fencing on the property will be repaired. They believe there only beneficial effects and no adverse effects. Beneficial effects were outlined to be upgrades to the property, providing the service of a liquor store where there is not one currently, employment opportunities, and an expected decrease in foot traffic to the building. They estimate the convenience store that was in this location saw approximately 175 visits per day while the proposed liquor store is estimated to have approximately 85-100 visits daily. Board Member, Nyles N. Barnert, asked to view the parking plan. Mr. Barnert stated issue with the parking plan, highlighting that 2 spots in the bottom corner of the property would be unusable without crossing onto neighboring properties. Mr. Gilgun, stated the parking plan is not the best design but does contain more parking spots than the property requires because the requirement is only 9 spots and therefore restructuring of the plan can be done to address the parking spots of concern. Mr. Barnert, asked to confirm that there are 9 spots required for the property and who did the calculation (yes, 9 spots. Zoning Administrator, Julie Moore, calculated the need for 9 parking spots based on the lot). Board Member, Norman P. Cohen, asked to confirm that a liquor license is need to operate the proposed liquor store (Yes, the application has been made) Chair – Ralph D. Clifford stated he believes the location should possibly be brought up to ADA standards prior to approval. Mr. Gilgun stated that section 9.4.1. does not trigger that review and therefore is outside the scope of the Board and the permit shall be granted as long as any adverse effects do not outweigh the benefits. Mr. Clifford stated the involvement of citizens in wheelchairs is part of the purview of the Board and therefore ADA accommodations and compliance can be considered during the special permitting process. Mahvir Patel, 42 Stillman Road, Lynnfield, stated he believes an ADA compliant door has to be 36 inches wide and states if the current door is not compliant changes will be made to make it so if granted the permit. Board Member, Martha C. Wood, questioned if there is a way to make the it required that the property meet ADA standards. Mr. Clifford stated conditions can be added to the permit. No further comments or questions from the Board. Members of the Audience, whom are abutters (Sohail Mahboobi, 337 Woburn Street, Suresh Bobba, 2 Ralph Road, Akmal Sarwar 347 Woburn Street, Ewan Cameron, 12 Scotland Road, Paula Karim, 37 Justin Street, and Asma Sadef, 116 Emerson Gardens Road) shared arguments for their opposition to the Special Permit. They expressed they believe the proposed liquor store in the commercial zone is too close to their residential neighborhood and would negatively affect the neighborhood and the children within it. They believe additional trash would come from this permit being granted and would have potential to increase other things like violence, accidents and homicide. They also believe there are plenty of liquor stores in the proximity and stated they believe there are six (6) in existence in a 2-mile radius from the location, four (4) of which are in Town. They are extremely concerned about the adverse effects a liquor store at 333 Woburn street could have on their nearby residential neighborhood. Mr. Gilgun, stated the issues raised by the audience will be addressed if the permit is granted. They believe there are many benefits such as convenience to a liquor store, less daily foot traffic to the property, and a more beneficial use of the space as compared to the previously existing convenience store at the property. No further comments or questions from audience. No further comments from Board. Mr. Gilgun, summarized that Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4.1 requires the Board to approve the SPECIAL PERMIT if no adverse effects exist or if they do not outweigh the benefits. They have presented plenty of evidence to prove the beneficial effects of the SPECIAL PERMIT and would be open to accepting special conditions set out by the Board. Hearing closed at 8:12 PM, (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Mr. Cohen, stated the property has been in a commercial zone that has existed for many years. Alternate Board member, Kathryn Roy, asked to clarify that a liquor license has to be approved first Mr. Clifford stated that the Select Board needs to approve a Liquor License. Ms. Wood, stated there is a liquor store on Bedford Street which is in a similar small commercial area surrounded by a residential neighborhood that exists without issue. Mr. Clifford, stated he is in favor with the overall proposal, and believes upgrades to the property are needed and will be a gain to the commercial neighborhood that this is in. If a person purchases a house near a commercial zone, there is nothing really, they can do about what goes on. Mr. Cohen, stated he is leaning toward approving as there are many existing commercial businesses in the area and asked the Board if the renewal process would be two (2) year if granted (Yes) Mr. Clifford, suggested the conditions as follows: Hours of operation will be Monday- Saturday, 8am to 10pm and Sundays, 10am to 8pm. A parking plan is to be developed to the reasonable satisfaction of the Building Department. Trash will be picked up and dumpsters maintained to the satisfaction of the Health Department. A lighting plan will be developed to the reasonable satisfaction of the Building Department. The fence around the property will be repaired. All noncompliant signs will be removed. The front door will be ADA accessible. The Special Permit will expire if no liquor license is obtained from the select board. All will be renewable on the two- year basis with the understanding that longer renewals will be available thereafter. The Board agreed on the proposed conditions. Ms. Wood, questioned what the hours of the business would be. (Unsure.) Hearing reopened at 8:24 PM, (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Mr. Clifford, asked what the proposed hours of the liquor store are. (Monday-Saturday 8am- 10pm, Sunday 10am-8pm, which falls within ABCC regulations) Board member, James A. Osten, asked what the name of the liquor store would be. (No name yet) Hearing closed at 8:26 PM, (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) No further discussion from 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 135-3.4 Table 1 (Permitted Uses and Development Standards) line I.1.04 to allow a package liquor store, with no consumption on the premises with conditions aforementioned. Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 987 Waltham Street The petitioner is requesting a COMPREHENSIVE PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s)MGL.c.40B Sections 20- 23 to further modify a Comprehensive Permit granted December 14, 1990, modified February 18,1993. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, elevation, floor plans, attorney’s letter to the Board, letter from Lexington Ridge, Avalon Inc. to the Board, the previously granted SPECIAL PERMIT dated December 14, 1990, th modifications to the previously granted comprehensive permit dated February 18 1993, a site plan (existing and proposed), plot plan waiver request, and gross floor area calculations. 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 Planning Department, Zoning Administrator, Building Commissioner and the Conservation Director. The Hearing was opened at 8:31 pm. Presenters: Ed Grant, Ed Bradford, 50 Commandants Way, Chelsea (Architect), Phil Henry, 21 High St. North Andover (Engineer) on behalf of Lexington Ridge, Avalon Inc Justin Cameron, 208 Wrentham Rd. Bellingham (Operations Director) Ed Grant presented the petition on behalf of Lexington Ridge, Avalon Inc. He stated the application is for a modification to a comprehensive plan that was granted in 1990 and modified in 1993. The proposal is for two (2) additional parking garages which include electric vehicle chargers for the residents of Lexington Ridge. He highlighted that permit modifications are permitted per Section 30 of the Comprehensive Permit. Appreciation of The Building Commissioner was expressed. He stated the only comments from the Town came from the Planning Department and the Conservation Director which have been analyzed by an engineer with supporting documents and will be addressed and mitigated. Ed Bradford shared the site plan and highlighted existing conditions. He stated there are currently seven (7) detached garages on the property and there will be an increase of two (2) more, one with 5 bays and the other with 6. All bays will include an electric vehicle charger in addition to more chargers located on the outside of the structures for utilization by the outdoor surface parking spots. Phil Henry presented the grading plan and thanked the Town for comments that were provided. The garage depths cause an increase in impervious surfaces by approximately 470 square feet. He acknowledged both structures will allow storm water to drain into preexisting storm drains which ultimately drain into existing stormwater management systems which lead into wetlands. He stated pitched roofs will allow storm water to be managed by gutters and drain pipes. The mitigation efforts directly respond to comments received by the Conservation Director and Planning Department. Board Member, Nyles N. Barnert, stated his concern over the effects on snow removal and questioned where the snow would go. (Mr. Henry stated there will still be ample landscaping areas for the snow to be piled.) Chair, Ralph D. Clifford, questioned if the drainage system has ever experienced a failure or flooding due to large amounts of rainwater. (Mr. Cameron stated no) Mr. Clifford, questioned if the parking structures will have an affect on moderate and low-income apartment pricing. (Mr. Cameron stated no, surface level parking is included with all apartments) There were no further questions from the Board. There were no further questions or comments from the audience. Mr. Grant expressed appreciation to the Board for all assistance and consideration. He summarized the project is beneficial for the residents and has no adverse effects associated with the modest modification The Hearing was closed at 8:49 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). No further discussion from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the requirement for a certified plot plan (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant COMPREHENSIVE PERMIT MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s)MGL .c.40B Sections 20- 23 to further modify a Comprehensive Permit granted December 14, 1990, modified February 18,1993 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom December 14, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Kathryn Roy Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Maguire, Administrative Clerk Other Business: 1. A minor modification determination to modify a Special Permit dated September 28, 2022 at 143 Follen Road Mr. Hubbner presented the petition. He stated that following a favorable hearing for SPECIAL PERMIT ZBA -23-46, the proposed building drawings were altered after analysis of the original plans for a covered porch area and deck. Analysis of the original proposed size of the covered porch and deck in relation to the size of preexisting furniture of the owner that will be utilized in the proposed space indicated a need for a larger covered porch and deck in the building proposal. This increases the porch by 140 square feet, increasing the percentage of allowable GFA from 74% to 76.6% (a 2.6% increase in percentage of the allowable GFA) but still keeping it within the setbacks. Minor request they would lie the board to consider so that permitting process may move forward to allow for the construction process to follow after. A Board member, Nyles N. Barnert, stated that his only question pertained to whether the new plans for the covered porch and deck were still within the setbacks. Acknowledged that his question was answered by Mr. Hubber. Chair, Ralph D. Clifford, asked if there were wetlands of any kind. (No, there are not) There were no further questions or comments from the Board. The hearing was closed at 7:10pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) abstention to accept this application as a MINOR MODIFICATION (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a MINOR MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2(5) to allow for a minor modification to a previously issued Special Permit (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). The Board voted to Adjourn at 8:51 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes).