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Lexington Historical Commission
Meeting Minutes
January 31. 2024
Meeting Conducted by Remote Participation
Commissioners Present: Robert Rotberg, Chair, Marilyn Fenollosa, Wendall Kalsow, Susan Bennett.
Commissioner Absent: Diane Pursley.
Associate Commissioners Present: David Kelland.
Associate Commissioner Absent:
Chair Robert Rotberg called the January 31, 2024 Historical Commission meeting to order at 7:01
pm.
The Historical Commission reviewed the letter from HNTB Corporation for Burlington/Lexington –
Improvement at I-95 (Route 128)/ Route 3 Interchange.
AGENDA ITEM: Hosmer House
The Historical Commission reviewed the below letter during the meeting. It was to be sent to the ZBA
recommending payments in mitigation for the violations of Town zoning bylaws and the special permit
that was granted by the ZBA to relocate the Hosmer House.
“To: Lexington Zoning Board of Appeals
The Lexington Historical Commission strongly opposes the modification of the special permit governing
the “Hosmer House” to lift the requirement of an MHC-approved preservation restriction. Moreover, we
believe that even if that requirement is modified, the project would not be in compliance with either the
special permit or the Town’s zoning bylaw. Because of the failure of the Carrolls to observe the
restrictions with which they agreed at every step of the relocation process, we request that the ZBA work
with the Building Commissioner to impose substantial fines on the owner.
As you know, the relocation of the Hosmer House was approved by the ZBA pursuant to Chapter 135.6.2
of the zoning code which permits the relaxation of dimensional controls to facilitate such a move
providing that the special permit so issued include a provision that: “The historical and architectural
features of the building, structure, or element will be preserved for the duration of the special
permit.” The special permit repeats this language.
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All evidence demonstrates that the architectural and historic features of the house have not been preserved.
The second floor of the house was discarded during the move and clapboard, trim and windows on the
first floor demolished. The Massachusetts Historical Commission agrees with that assessment. If the ZBA
is in doubt about this conclusion, we recommend that an independent evaluation be carried out by a
preservation expert selected with input from the Historical Commission.
Because the project as executed is in clear violation of the zoning by-law and special permit, the
modification of the preservation restriction requirement will not cure this defect and thus the relaxation
of the dimensional controls to create the lot on which the remnant of the former Hosmer House now sits
does not meet legal requirements. Imposing a restriction that future changes to the house be subject to
review by the Historical Commission is an empty gesture given that the historical integrity of the house
has been destroyed. The Building Commissioner has the authority to impose fines for violations of special
permits under Section 9.1.5 of the zoning bylaw. We ask the ZBA to join us in requesting that substantial
fines be imposed.”
Motion I:
Mr. Kalsow made a motion to approve the letter as amended during the January 31, 2024 HC
meeting. Mr. Kelland seconded.
Roll Call Vote:
Ms. Bennett – Yes,
Mr. Kelland – Yes,
Ms. Fenollosa – Yes,
Mr. Kalsow – Yes,
Mr. Rotberg – Yes,
Motion carried 5 to 0.
Ms. Bennett suggested that the HC might appeal any unfavorable ZBA action to the Middlesex Land
Court, because the Land Court has a mandatory mediation procedure among the contending municipal
parties.
Ms. Fenollosa advised to cc the Select Board at the bottom of this letter so that the ZBA will know that
the Select Board will receive a copy of this letter.
Motion II:
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Ms. Fenollosa made a motion to petition the Select Board to provide legal representation to the HC
in the event that the ZBA approves the petition by the Carrolls to revise the original ZBA permit.
Ms. Bennett seconded.
Roll Call Vote:
Mr. Kalsow – Yes,
Ms. Bennett – Yes,
Mr. Kelland – Yes,
Ms. Fenollosa – Yes,
Mr. Rotberg – Yes,
Motion carried 5 to 0.
In public comment, Charles Hornig, from 18 Bacon St, stated that when and if the Historical Commission
files a lawsuit appealing the decision of ZBA, the members of the ZBA will be named as defendants.
AGENDA ITEM #2: Adjourn
Mr. Kalsow made a motion to adjourn, seconded by Mr. Kelland at 7:43pm. Motion carried. All in
favor.
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