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Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 22, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy,
David G. Williams, Martha C. Wood, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 5 Pleasant Street
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, Elevations, and Floor Plans. Also received
were three (3) letters of support 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, Historical Commission, and Zoning Administrator.
The petitioner is requesting a VARIANCE AND AN EXTENSION OF A SPECIAL
PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) sections 135-4.1.1, Table 2 (Schedule of Dimensional Controls) and 135-
9.2.2.2 to allow a side yard setback of 12.4 ft. instead of the required 20 ft; and 135-
9.4.6 to allow an extension of a Special Permit granted March 25, 2016.
The Chairwoman opened the hearing at 7:32 pm.
The applicant, Mr. Jeffrey Millett, presented the petition. They are not changing the
design that they had previously applied and received a Variance and Special Permit
for on February 25, 2016. By the time they were able to start construction, the
variance had expired. The shed is the same shed previously proposed. The property
is large but narrow and putting the shed in another location would put it in a drainage
swale. Due to the nature and topography, the floor of the shed will be 5 ft below the
adjacent Pleasant Street and the peak is 5.9 ft above Bridle Path. The 3 abutters on
Bridle Path are supportive of his project.
A Board Member, Mr. Ralph D. Clifford, asked what the dotted line is around the
property shown on the plot plan (the applicant said that is the lawn and it’s a heavily
landscaped property). Mr. Clifford asked why the shed can’t be moved towards the
center of the property (because of the shape of the property the center is a drainage
swale. With the way the contour lines are curved, the middle of the yard is where the
drainage runs thru the property). The applicant showed on the map where the water
runs down the property and stated that the middle of the yard is the wettest part. Also,
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the eaves of the structure on 7 Pleasant Street go over the property line, and the other
properties are close to the property line.
A Board Member, Mr. Edward D. McCarthy, asked the applicant about the comment
from the building Commissioner about adding the height of the structure to the plot
plan (The existing gable and ridge is to remain at a height of 21 ft 4 in. The addition is
19.7 ft above the Bridle Path lot line. There is a 30 ft grade change from the front of
property to back).
There were no further questions or comments from the Board.
There were no questions from the audience.
The Chairwoman closed the hearing at 7:44 pm.
On a motion by Edward D. McCarthy and seconded by Martha C. Wood, the Board
voted 4-0 (Ralph D. Clifford abstained) to grant a VARIANCE in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1, Table 2
(Schedule of Dimensional Controls) and 135-9.2.2.2 to allow a side yard setback of
12.4 ft. instead of the required 20 ft.
On a motion by Martha C. Wood and seconded by David G. Williams, the Board voted
5-0 to grant AN EXTENSION OF A SPECIAL PERMIT granted on March 25, 2016, to
expire on June 30, 2018.
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 22, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy,
David G. Williams, Martha C. Wood, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 98 Reed Street
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans, and Photographs.
Also received was a letter of support from an abutter.
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 and Zoning Administrator.
The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2
to allow modifications to a non-conforming principal structure and accessory structure.
The Chairwoman opened the hearing at 7:46 pm.
The applicants, Ms. Elizabeth Adams and Mr. Patrick Swann presented the petition.
They are proposing to update the existing structure and replace the deteriorating
garage. They are on a corner lot with Ash Street. They are moving the garage further
back from the property line than originally so they are improving the non-conformity.
The proposed location of the garage makes the garage door most directly accessible.
If they would move the garage back 2 ft, it would be diagonal to the principal structure
and they would have to completely change the location of the addition. Also, the
impermeable driveway will be cement and they would like to keep it the same so they
don’t lose more green space. In addition, adding more slope to the driveway would
result in more water pulling from Ash Street.
A Board Member, Mr. Edward D. McCarthy, asked if they could take a couple of feet
from the covered walk (the applicants responded that the setback is 18 ft to the
overhang and 20 ft to the wall of the garage).
There were no further questions or comments from the Board.
There were no questions from the audience.
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The Chairwoman closed the hearing at 7:54 pm.
On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted
5-0 to grant TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow
modifications to a non-conforming principal structure and accessory structure.
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 22, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy,
David G. Williams, Martha C. Wood, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 3 Flintlock Road
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations, Floor Plans and Photographs. Also received was a
letter from an abutter in opposition.
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, Conservation Administrator, and Zoning
Administrator.
The petitioner is requesting TWO (2) VARIANCES in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1, Table 2 (Schedule of
Dimensional Controls) and 135-9.2.2.2 to allow a 8.7 ft side yard setback instead of
the required 15 ft and a rear yard setback of 6 ft instead of the required 15 ft.
The petitioner submitted a Request for Withdrawal without Prejudice, dated June 20,
2017.
On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board
voted 5-0 to grant the Request for Withdrawal without Prejudice, dated June 20, 2017.
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Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 22, 2017
Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy,
David G. Williams, Martha C. Wood, and Ralph D. Clifford
Alternate Present: Nyles N. Barnert
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1) Minutes of Meetings from June 8, 2017 Hearing
On a motion by Ralph D. Clifford and seconded by Edward D. McCarthy, the Board
voted 4-0 (Martha C. Wood abstained) to approve the minutes of June 8, 2017.
On a motion made and seconded, the meeting was adjourned.
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