HomeMy WebLinkAbout2017-12-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
December 14, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Norm P. Cohen
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 15 Nichols Road
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, and Floor Plans.
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.
The petitioner is requesting a SPECIAL PERMIT 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
modification to a non-conforming structure.
The Chairwoman opened the hearing at 7:33 pm.
The applicants, Mr. and Mrs. Jose and Jennifer Dos Santos, presented the petition.
They are proposing to build a portico over their front door. The only plot plan they
have is outdated and they intend to obtain a new plot plan. Their contractor told them
that the project would take 5-8 days to complete. The portico will be going over their
existing landing. Mr. Dos Santos presented a petition with signatures from neighbors
in approval of the project. The petition was entered into the file.
A Board Member, Mr. Ralph D. Clifford, asked if the roof they are putting over landing
will extend closer to the street (The roof line of the portico will be over the landing, not
the steps. It will only extend a couple of inches over the steps).
The Zoning Administrator, Mr. David George, stated that he had requested that the
plot plan be enlarged and for a request of a waiver of the certified plot plan.
The applicants presented a larger copy of the plot plan and indicated where the portico
will be located.
A Board Member, Mr. David G. Williams, asked the applicants about the proposed
chimney as shown on the plot plan (that was from the original plot plan in 1985). Mr.
Williams also asked why the applicants don't want to make the landing wider (there
are budget constraints preventing them from doing so).
The applicants requested that the Board waive the requirement for a certified plot plan.
There were no further questions or comments from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 7:47 pm.
On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board
voted 5-0 to waive the requirement of a certified plot plan.
On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board
voted 5-0 to grant the SPECIAL PERMIT 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
modification to a non-conforming structure.
December 14, 2017
ZBA Meeting Page 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
December 14, 2017
Board Members Present: Acting Chairman, Edward D. McCarthy, Jeanne K. Krieger,
David G. Williams, and Associate Members Nyles N. Barnert and James A. Osten
Alternate Present: Norm P. Cohen
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: Lowell Street Lot, Assessor's Map 20/Parcel 38, also referred to as:
Parcel 2A on the plan entitled "Lowell Street, Lexington, Massachusetts,
Assessor's Map 20/Parcel 38, Subdivision Plan of Land Approval Not Required,
prepared by GCG Associates, Inc., dated February 5, 2014 and recorded
with the Middlesex South District Registry of Deeds as Plan 108 of 2015
The petitioner submitted the following information with the application: Nature and
Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans, and Photographs.
The applicant also submitted a Quitclaim Deed, Certificate of Good Standing, DHCD
Letter of Site Eligibility, Memo from Environmental Engineer, (6) letters of support, (3)
letters of opposition, (1) video with a description in writing, submitted by Janet Kern.
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 Conservation Administrator, Police Department, Fire Department, Town
Manager, and Zoning Administrator.
The petitioner is requesting a COMPREHENSIVE PERMIT in accordance with the
Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.4 and MGL
c. 40B, sections 20 to 23 to allow construction of 6 units of low or moderate-income
housing.
The Chairwoman opened the hearing at 7:53 pm.
Presenters: Mr. Robert Phenan (Contractor), Mr. Colin Smith (Architect), Mr. John
Noonen (Land Surveyor), Patricia Nelson (Attorney for LexHab)
Mr. Robert Phenan and Mr. Colin Smith, presented the petition. They are applying for
a Comprehensive Permit per M.G.L. Ch. 40B. LexHab recently did a project on
Fairview Avenue and the units they are proposing on Lowell Street will be similar.
There is a need for affordable housing in Lexington. For the units they are proposing
on Lowell Street, the ground level will be handicap accessible. The land is deeded to
LexHab and the Department of Housing and Development has approved their
proposal. They have also reached out to neighbors about the project. Mr. Smith
presented a Power Point presentation to show the Board and audience the proposed
Page 3
plans. The parking area will have a heavy landscape buffer. The presentation
included photos of the units on Fairview to show that the structures will be similar.
The presentation also showed the parking arrangement. The road at Westminster and
Lowell Street was recently improved for safety reasons. They are still discussing the
plans for where the trash enclosure will be located. The presentation also showed a
rendering of the proposed units.
Ms. Pat Nelson stated that in response to the Town Manager's comments about the
use of pesticides, LexHAB would like to propose a condition with language that states
the pesticides would be limited to those allowed by the farm.
A Board Member, Mr. David G. Williams, asked Ms. Nelson about the comments from
Carol Kowalski, the Assistant Town Manager (Ms. Nelson responded that it is
LexHAB's intent to follow along with the Town's requests). Mr. Williams asked Ms.
Nelson who does the landscaping for LexHAB (LexHAB will keep control of the
landscape). Mr. Williams asked if the landscaper will be aware of what pesticides can
be used (yes). Mr. Williams asked how LexHAB can minimize the amount of cars on
the site (If they find that they are having difficulty with the number of cars on the
property, they would keep registration information for the cars registered to the
owners).
A Board Member, Mr. James A. Osten, asked if there are issues or concerns from
neighbors and if so, have they been resolved (Ms. Nelson responded that she is not
aware of any complaints by neighbors). Mr. Osten asked if LexHAB could be
characterized as being a good neighbor (Ms. Nelson responded that people objected
at first but now are very pleased with the result). Mr. Osten asked about the local
initiative program and what if it extends to the property (Ms. Nelson responded that the
local initiative program is what allows these units to be on the State Housing Authority
list. It has been the goal of the Town to include as many houses as possible on the
DHCI list. This is a project where all of the units are and will stay affordable). Mr.
Osten asked if there will be a second means of egress in the handicap accessible
apartment (Mr. Smith responded that both units are sprinkled so a second means of
egress is not required but there will have an area of shelter in the back).
A Board Member, Mr. Nyles N. Barnert, asked how snow removal will be handled (Mr.
Phenen said it will be handled through LexHab and will be pushed to the perimeter of
the parking lot. If it became too much, it would be moved off site and will not be placed
on the sidewalk).
A Board Member, Mr. Edward D. McCarthy, asked where the trash location will be (Mr.
Smith showed the rendering again from the Powerpoint Presentation. They have not
made a final decision).
An audience member, Ms. Bella Tsvetkova of 42 Lowell Street, asked the applicant
how much fill will be brought to the site and what impact it will have on LexHab (Mr.
Phenen responded that they will bring in clean structural fill to support the parking lot
area). Ms. Tsvetkova asked how much environmental impact the fill will have on the
site (Mr. Phenen responded that after the loam is removed and stockpiled on site, any
December 14, 2017
ZBA Meeting Page 4
useable material will be used. Anything they have to truck in has to be clean fill). Ms.
Tsvetkova asked what would happen is the infiltration system failed (Mr. Noonen
responded that it's designed for a 100 year storm but the system has an overflow
which is out by the farm field not near Lowell Street. Ms. Tsvetkova asked if there
would be maintenance (there would be monitoring and inspections by someone who
would also be monitoring the driveway and catch basin. It's part of the maintenance of
the property).
An audience member, Ms. Janet Kern of 72 Lowell Street, asked the applicants how
the basement drainage will be handled (Mr. Smith showed the Flood plain map and
showed that a portion of the farm is in a 100 year flood plain located at an elevation of
160 ft across the field from the project site. The lowest corner is 166.2 ft. They do not
need to put in a drain and may only need a sump pump). Ms. Kern asked what the
disposition of the pipe and why is it no longer a concern (Mr. Noonen responded they
did an investigation of that drain line with the Engineering Department and found that it
collects run off from Lowell Street. The only activity associated with the drain pipe will
to be to put a manhole over it). Ms. Kern asked about the environmental impact to the
public health with the fill coming in (there is not an enormous amount of fill coming in
and it will only be impacting the front of the property. They will set up filtration fencing
and it will be monitored). Ms. Kern asked if the dust will be controlled (Mr. Smith
responded that depending on the time of year and condition of the soil, it's easier to
water the area to keep the dust down). Ms. Kern stated that the neighbors haven't had
a chance to speak with LexHAB in years and since this particular landscape is a very
valued landscape view, they want to know what the structures will look like.
Ms. Nelson stated that in response to Ms. Kern's statement about the lack of
correspondence from LexHAB, LexHAB held a neighborhood meeting in 2013. At that
time, they presented the plans, which are the same plans presented now. There was
some effort made when this was redesigned in 2017 to accommodate the comments
received from the 2013 meeting. They had a 2nd neighborhood meeting once the
plans were revised. LexHAB meetings are also open meetings. Ms. Nelson stated
that Ms. Kern attended a LexHAB meeting last month and she gave her a business
card. In response to the concerns about snow removal, Ms. Nelson can come up with
some language to satisfy the Town and neighbors.
Ms. Kern asked to see a rendering of the property (Mr. Smith showed the rendering
from the PowerPoint Presentation and stated that they are still welcoming feedback on
the trash location). Ms. Kern also expressed concern about the blind curve on Lowell
Street and asked what the safe stopping distance is from the curb (they do not have
the distances and clearances but can look into that and measure).
Mr. McCarthy read the comments from the Police Captain.
An audience member, Ms. Tsvetkova of 42 Lowell Street, stated that in 2014 the
neighbors did a site distance analysis and his conclusion that the minimum stopping
distance is 250 ft and it is not recommended to put a driveway at that location.
December 14, 2017
ZBA Meeting Page 5
An audience member, Mr. Mark Stallard of 23 Lowell Street asked if there will be
anything done to deter rodents from the trash area (Mr. Smith responded that the trash
will be brought curbside and with the combination of screening and lids in barrels, it
will be taken care of). Mr. Stallard stated that he also shares the concerns about
safety for the occupants of this project.
An audience member, Ms. Stacy Smiar of 71 Lowell Street, asked about the number of
parking spaces (they are complying with the zoning requirements. With the issue of
parking on Lowell St, they don't want to skimp on the spaces).
An audience member, Ms. Patricia Carney of 905A Massachusetts Avenue, asked
what the parking requirement is for the unit and whether it's monitored (Ms. Nelson
responded that the zoning requires 1.5 spaces for every unit and that's how that was
determined. LexHab would have no objection to a condition that it wouldn't put any
snow removed onto any adjoining site. It's already prohibited to place snow on Town
sites and sidewalks).
An audience member, Ms. Danielle Boudrot of 3 Lowell Street, asked how the
enclosures will be designed (it's designed to hold 6 containers, 3 trash, and 3
recycles). Ms. Boudrot asked how the sidewalk will be managed during construction
and how will the project be managed on the challenging footprint (During construction,
they can't block the sidewalk at any time unless they are loading. They will also put
that into an agreement for the tenants). Ms. Boudrot asked if the sidewalk will be
returned to its pre-construction state after the parking lot is finished (During
construction, the driveway will be cut in and will be put back into its original position).
There was a discussion about how the trash is removed and Mr. Smith stated this
question came up in the neighborhood meeting and it was decided that the trash will
be brought out to the curb.
There was further discussion about the number of parking spaces.
An audience member, Mr. Jason Lawrence of 60 Lowell Street, asked the applicants if
the units can be built closer together so less of the view of the farm is blocked (the
distance is 38-40 feet as currently designed. There has to be a minimum of 5 feet
from a parking spot to a unit).
An audience member, Mr. Bob Pressman of 22 Locust Ave, asked for clarification on
the amount of open space before the LexHAB property (Mr. Smith stated that from the
southernmost bound of the Busa property, it is about 191 ft).
An audience member, Ms. Stacy Smiar of 71 Lowell Street, stated that she has
received a text message from a Board Member at LexFarm, which wanted to clarify
that the letter from LexFarm included a list of requirements needed from LexFarm and
LexFarm neither supports nor doesn't support this. Ms. Smiar also wanted to state
that she has safety concerns for the people that will live there.
December 14, 2017
ZBA Meeting Page 6
The Acting Chairman, Mr. McCarthy, stated that the concerns about the sidewalk and
bus stops need to be discussed with the Traffic Safety Committee and Sidewalk
Committee, along with the Police Department and Board of Selectmen.
Audience Members, Mr. Dirk Armstrong of 15 Haskell Road and Mr. Bob Pressman of
22 Locust Avenue, spoke in favor of the petition.
A video provided by Ms. Janet Kern was played. The description of the video was
previously entered into the file.
The Board discussed what conditions need to be added into the decision. The Board
decided that the trash area should be left to the judgment of LexHAB and does not
need to be a condition. The Board asked for a statement that LexHAB will not
contractually use pesticides on their property that are inconsistent with certification of
the organic farm.
There were no further questions or comments from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 9:48 pm.
On a motion by Nyles N. Barnert, and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant the COMPREHENSIVE PERMIT in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.4 and MGL c. 40B,
sections 20 to 23 to allow construction of 6 units of low or moderate-income housing
with the condition that LexHAB will not contractually use pesticides on their property
that is inconsistent with the certification of the organic farm.
December 14, 2017
ZBA Meeting Page 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
December 14, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Norm P. Cohen
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 364 Marrett Road
The petitioner submitted the following information with the application: Nature and
Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Also received was
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 Conservation Administrator, Planning Office, Historical Commission, and
Zoning Administrator.
The petitioner is requesting a SPECIAL PERMIT 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
modification to a non-conforming structure.
The Chairwoman opened the hearing at 9:53 pm.
Ms. Patricia Nelson, the attorney, and Ms. Amy Nastasi, the architect, presented the
petition. There is a need for the owners of the property, a family of five, to have an
additional bathroom and bedroom. They also currently have a dangerous driveway
with a detached garage in the back, causing them to have to back out onto Marrett Rd.
The existing house is a 100 year old Dutch colonial and is currently non-conforming
with the house being built too close to the side lot line. The garage also encroaches
on the side lot line. Because of the steep slope, the height of the structure is non-
conforming, based on stories and height. The proposal is for a modest addition and
the total gross floor area for both the house and addition is 3,856 sq ft. The total
allowed is 6,959 sq ft. The Historical Commission voted to approve the tear down of
the existing garage. The new garage will be located underneath the first floor of the
new addition to open up the back yard and it will create a structure that will allow for a
bedroom and bathroom on the 2nd floor. The changes being made are extensions of
the particular non-conforming use and don't create any new non-conformities. The
addition won't encroach on the side lot line. The addition will not conform as to height
in regards to number of stories or feet. This would be consistent with the 34 Arcola
Street decision of the Board. This addition will be modest in size and will not be
Page 8
detrimental to the neighborhood. It will serve to preserve the original structure in the
front and will improve traffic safety by allowing better egress and open the back yard.
There were no questions or comments from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 10:02 pm.
On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board
voted 5-0 to grant the SPECIAL PERMIT 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
modification to a non-conforming structure.
December 14, 2017
ZBA Meeting Page 9
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
December 14, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Norm P. Cohen
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Address: 905C Massachusetts Avenue
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 in opposition from (6) 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 Conservation Administrator, Planning Office, Historical Commission, and
Zoning Administrator.
The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2
(Schedule of Dimensional Controls), to allow a height of 33'4" instead of required
26'6"; TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) sections 135-9.4 and 135-5.1.14 to allow two (2)
driveways to be located closer to the respective lot lines than the required 5 ft; and a
SPECIAL PERMIT 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 modification to a non-conforming
structure.
The Chairwoman opened the hearing at 10:03 pm.
The applicants, Mr. Matt Thenen and Mr. Colin Smith, presented the petition. Mr.
Smith stated that they are proposing to tear down the current home and build a two-
family home, each side with approximately 2000 sq ft. The sq. footage complies with
the Gross Floor Area requirements and there will be no living space in the attic.
A Board Member, Mr. Ralph D. Clifford, stated he is concerned about the justification
of the variance and asked what the hardship is (The hardship relates to topography.
There is a steep grade along the right of way. If they were to comply with the
allowable building height, they would end up with a massive structure and what they
are proposing is less massive than a compliance building design). Mr. Clifford asked
the applicants if it be possible to build a one story home within the zoning rules
Page 10
(instead of 1 large home, they are proposing to have 2 smaller residences as a two-
family home). Mr. Clifford asked the applicants to further explain the hardship (Mr.
Smith responded that there is a 9 ft grade change across the lot. If it was a level lot, it
would meet the height requirement, but the new building height regulation is
determined by the setback. Because of the close setback, it creates a lower building
height. No other properties along this way have such a significant grade drop).
A Board Member, Mr. David G. Williams, asked the applicants to explain the difference
between the lot square footage amounts since the Town shows 4,664 sq ft and on
their application it states 5,341 sq ft (The right of way is not part of the properties). Mr.
Williams stated that he is concerned about the reduced setbacks (Mr. Smith
responded that they are fixing the side yard setback adjacent to a direct abutter and
are moving that encroachment to the rear where there is no direct abutter). Mr.
Williams asked why they are asking for the driveway to be so close to the street (the
abutter's driveway encroaches and the neighbors conditions have similar
circumstances). Mr. Williams asked the applicants why they don't they build a single
family home on the lot (based on Lexington's housing inventory, it would be better to
have a two-family home). Mr. Williams stated that he would not be able to support the
proposal based on the extreme setbacks (Mr. Thenen stated that there is not a house
on the street that does not have an issue with reduced setbacks).
A Board Member, Mr. Edward D. McCarthy, asked if they are waiting for a decision
from the Historic Districts Commission (they had the hearing last week and presented
their petition. The neighbors indicated there was documentation showing this was a
historic home, so they continued the hearing).
The Chairwoman, Ms. Wood, stated that her concern is for safety and asked the
applicant how they would be able to build on the property and be able to fit
construction equipment without blocking the public way (Mr. Thenen stated that is a
challenge and similar things have been done in Boston and Cambridge. They may
have to do the foundation in 2 phases).
A Board Member, Ms. Jeanne K. Krieger, asked the applicants to explain the Planning
Board's comments about needing a Street Determination (They would make it as close
to a legal road as practical. The Engineering Department and Planning Department
would go out there and decide what needs to be done. There may be repaving or
drainage put in. It's a 1 Oft right of way and they are not changing the use. They are
also reducing the parking area to 900 sq ft).
Ms. Krieger stated that she agrees that it's too intense of a use for such a small lot.
An audience member, Mr. John Boudreau of 905A Massachusetts Avenue, spoke in
opposition to the petition. He stated that the entrance between the building and the
street is only 10 ft and presented a drawing showing that it wouldn't be possible to turn
from the right of way into the parking lot.
Mr. Williams stated that the plans show its 9.6 ft, not 10 ft (Mr. Boudreau stated that
the 10 ft right of way would be against the chain link fence. The traveled right of way
December 14, 2017
ZBA Meeting Page 11
is pushed on the homes of Massachusetts Ave. The shoulder is where they put the
snow storage).
Mr. Thenen stated the drawing from Mr. Boudreau isn't quite accurate and there's
actually 13 ft. The building doesn't go to the right of way and make a sharp corner.
(Mr. Boudreau stated its 9 ft and there's a grade on the right of way which requires a
retaining wall). Mr. Smith stated that they have a certified plot plan and the drawing he
referenced is not showing the dimensions.
Ms. Carney referenced the comments made by the Zoning Administrator on page 4,
question 3 of his comments and asked the applicants what the hardship is (Mr. Smith
responded that in terms of the variance hardship, they would need to show a hardship
due to soil conditions, topography, or shape of the lot and the condition has to be
unique to the property. With a literal enforcement of the zoning bylaw, this is not a
buildable lot and the lot wasn't developed under current bylaws. 905B and 905C
Massachusetts Avenue were there before zoning was put into place.
Mr. Boudreau submitted a written statement regarding their concerns about the
petition. Mr. Boudreau wanted to also get a statement from the Fire Department in
regards to the safety and accessibility of the structure. 905B mass Ave only has a
floor space of 800 sq ft. The residents have been dealing with an inadequate right of
way for years. The property at 905C has a large parking space, where trucks have
been able to turn around in. The neighborhood has been livable because of this turn-
around.
Mr. Williams stated that the Town has never plowed the road.
Mr. Smith stated there would be difficult with plowing.
An audience member, Mr. John Niles of 1 Spencer Street, spoke in opposition to the
petition.
An audience member, Mr. Mike Kraley of 905 Mass Avenue, spoke in opposition to the
petition.
Ms. Boudreau showed a photo of the buildings down the path.
Mr. Thenen stated that they would be willing to reduce the front yard setback request
and continue the existing 16 ft setback. They would also reduce the rear-yard setback
to be the same as it currently is and would conform to the new bylaw regulations in
regards to height.
The Board stated they would like to see plans to reflect what they are proposing so a
continuance may be warranted.
The applicants stated that they would prefer a decision to be made at the meeting
based on what they are proposing.
December 14, 2017
ZBA Meeting Page 12
There were no further questions or comments from the Board.
There were no comments from the audience.
The Chairwoman closed the hearing at 10:49 pm.
On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board
voted 0-5 to grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of
Dimensional Controls), to allow a height of 33'4" instead of required 26'6"; TWO (2)
SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code
of Lexington) sections 135-9.4 and 135-5.1.14 to allow two (2) driveways to be located
closer to the respective lot lines than the required 5 ft; and a SPECIAL PERMIT 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 modification to a non-conforming structure. A 4-1 vote
was needed and the petition was therefore denied.
December 14, 2017
ZBA Meeting Page 13
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
December 14, 2017
Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, Edward
D. McCarthy, David G. Williams, and Ralph D. Clifford
Alternate Present: Norm P. Cohen
Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1) Minutes of Meetings from October 26, 2017 Hearing
On a motion by Edward D. McCarthy, and seconded by Jeanne K. Krieger, the
Board voted 5-0 to approve the minutes of October 26, 2017.
On a motion made and seconded, the meeting was adjourned.
Page 14