HomeMy WebLinkAbout2025-03-13-ZBA-min
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, via Zoom
March 13th, 2025, 7:00 pm
Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Nyles N. Barnert, Martha C. Wood,
and James A. Osten
Alternate Member: Jeanne Krieger
Administrative Staff: Olivia Lawler, Zoning Administrator
Address: 4 Homestead St (Record # ZBA-24-33)
The petitioner is requesting ONE (1) 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 allow modification to a
non-conforming structure.
The petitioner submitted the following information with the application: Nature and Justification,
Certified Plot Plan, and Withdrawal Request Form dated January 10, 2025.
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, Economic Development, the Health Department, and the Zoning Administrator.
Comments were received from the Zoning Administrator and Planning Department.
The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant
a WITHDRAWAL WITHOUT PREJUDICE of ONE (1) 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 allow
modification to a non-conforming structure (a roll call vote was taken: Ralph D. Clifford– Yes,
Norman P. Cohen– Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, and Scott Cooper – Yes).
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, via Zoom
February 27, 2025, 7:00 pm
Board Members: Chair – Ralph D. Clifford, Norman P. Cohen, Nyles N. Barnert, Martha C. Wood,
and James A. Osten
Alternate Member: Jeanne Krieger
Administrative Staff: Olivia Lawler, Zoning Administrator
Other Business:
1. A minor modification determination to modify a Special Permit dated January 23rd, 2025
at 39 Somerset Road
Mr. Clifford began the meeting by explaining that the petitioner requested a modification to the
second-floor space above to porch. Mr. Clifford further explained that the Board did not
previously authorize as the second floor as this Historic Commission had not cleared it at the
previous hearing, but now has.
Mr. Clifford then asked the applicant if he wanted to say anything before the Board. Mr. Nagaraj
responded that the Historic Commission happily approved the proposal and that he had
incorporated the Historic Commission’s suggestions into the proposal.
No questions or comments from the Board.
Mr. Clifford then moved to discuss whether the proposal would constitute a minor modification
under the bylaw.
No discussion from the Board.
Mr. Barnert second Mr. Clifford.
Mr. Clifford took a role call vote. The Board of Appeals voted five (5) in favor, zero (0) opposed,
and zero (0) in abstention to consider the proposal a minor modification under the Zoning By-Law
(Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-9.2.2(5), (a roll call vote was
taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnet – Yes, Martha C. Wood –
Yes, and Scott Cooper – Yes).
No discussion from the Board on the modification itself.
Mr. Clifford moved to allow a minor modification on the previously issued permit, dated January
23rd, 2025, to allow construction of a second floor above the porch.
During the discussion, Mr. Barnert raised the matter of deleting condition three on the previously
issued permit, to which Mr. Clifford affirmed that granting the minor modification and deleting
condition three will result in the same outcome.
No further discussion from the Board.
Ms. Wood second Mr. Clifford, and Mr. Clifford moved to take a roll call vote.
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(s) 135-9.4 and 135-9.2.2(5), to consider and approve minor modifications to
an approved special permit (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen–
Yes, Nyles N. Barnet – Yes, Martha C. Wood – Yes, and Scott Cooper – Yes).
Mr. Clifford moved to adjourn the meeting at 7:05 and received a second. Mr. Clifford then took
a roll call vote (Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Nyles N. Barnet – Yes, Martha
C. Wood – Yes, and Scott Cooper – Yes).