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HomeMy WebLinkAbout2025-06-26-ZBA-minMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom June 26th, 2025, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate Member: Jeanne Krieger Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 13 Donald St (ZBA-25-14) The petitioner is requesting a MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4.7 to allow modification to a previously granted special permit dated October 12th, 2023. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Floor Plans, and the Previously Granted Special Permits and Variance Dated October 12th, 2023. 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 the Building Commissioner. The Hearing opened at 7:04 p.m. Petitioner: Vikas Kinger Vikas Kinger began his petition by stating that his son, Savit Kinger, will give the presentation. Mr. Savit Kinger began his presentation by stating that their request entails expanding the previously approved porch by eighteen inches. Mr. Savit Kinger further explained that the request will not take any further space from the existing stair case and that the property will have a new setback of 24.5 feet, instead of 26 feet, from the front property line. Mr. Savit Kinger then explained that their request arose after seeing the construction work unfold and realizing that they would need more space to adequately use the porch. Mr. Savit Kinger also highlighted that they hope to recess the stairs, that a similar project had occurred at 24 Donald Street, and that with the railing they lose about six to seven inches. Mr. Savit Kinger concluded by showing a drawing with the recessed stairs and the additional eighteen inches, and reiterated that they would not push the stairs any further. No questions from the Board. No further comments or questions from the Public. Mr. Osten stated that as he understands the project, fences will shield the porch on both sides. Mr. Osten then asked if the extension would fall about thirty to forty feet away from the homes on either side. Mr. Savit Kinger asked if Mr. Osten could restate his question. Mr. Osten clarified that he made more of a comment and reiterated his understanding of the fences shielding the stairs. Mr. Savit Kinger responded that the fence will shield most of the stairs. Mr. Osten then asked if they had an estimate of the distance from the stairs to the houses on either side, to which Mr. Savit Kinger stated that that distance would not change and that he would and that the plot plan showed thirty feet and forty-four feet. No further questions from the Board. Mr. Clifford moved to close the hearing at 7:11 p.m. Mr. Barnert second Mr. Clifford The hearing closed at 7:11 p.m. (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). No further discussion from the Board. Mr. Clifford moved to waive the certified plot plan at 7:11 p.m. Mr. Barnert second Mr. Clifford. The Board waived the certified plot plan at 7:12 p.m. (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Mr. Clifford moved to grant the special permit modification at 7:12 p.m. Several members of the Board second Mr. Clifford. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a MODIFICATION in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4.7 to allow modification to a previously granted special permit date October 12th, 2023 (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom June 26th, 2025, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Associate Members: Jeanne Krieger Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Other Business: 1. Minutes from the June 12th, 2025 Meeting Mr. Clifford moved to approve the minutes from the June 12th, 2025 meeting at 7:12 p.m. Mr. Osten second Mr. Clifford. The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approve the minutes from June 12th, 2025 Hearing (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes). Mr. Clifford moved to adjourn the meeting at 7:13 p.m. Mr. Cohen second Mr. Clifford. The Board voted to Adjourn at 7:13 p.m. (a roll call vote took place: Ralph D. Clifford – Yes, Norman P. Cohen – Yes, Nyles N. Barnert – Yes, Martha C. Wood – Yes, and James Osten – Yes).