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HomeMy WebLinkAbout2026-05-28-ZBA-min.pdfMeeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom May 28th, 2026, 7:00 p.m. Board Members: Chair — Ralph D. Clifford, Norman P. Cohen, James A. Osten, and Associate Members Jennifer L. Wilson and Thomas Shiple Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Other Business: 1. Vote of Acknowledgement for Martha C. Wood At 7:04 p.m., Mr. Osten moved to approve the Vote of Acknowledgement for Martha C. Wood. At 7:04 p.m., multiple Board Members second Mr. Osten. At 7:05 p.m., the Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to approve the Vote of Acknowledgement for Martha C. Wood (a roll call vote took place: Ralph D. Clifford — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Jennifer L. Wilson — Yes, and Thomas Shiple — Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom May 28th, 2026, 7:00 p.m. Board Members: Chair — Ralph D. Clifford, Norman P. Cohen, James A. Osten, and Associate Members Jennifer L. Wilson and Thomas Shiple Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Address: 31 Bertwell Rd (ZBA-26-5) The petitioner is requesting ONE SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-5.1.14 to allow a driveway extension to be located closer to the lot line than the required five (5) feet. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Special Permit Narrative, Gross Floor Area Calculation Form, and Abutter Support Letters. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, the Conservation Director, the Town Engineer, the Select Board, the Planning Director, the Historic District Commission Clerk, the Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator, the Building Commissioner, and the Planning Department. At 7:06 p.m., the Hearing opened. Petitioner: Kevin Lagasse on behalf of Doug and Erin DiCerbo Mr. Kevin Lagasse, contractor for 31 Bertwell Rd., stated that 31 Bertwell Rd. currently has a nearly complete accessory dwelling unit. Mr. Lagasse then explained that the plans contain a driveway extension and that he has come before the Board to request that the Board allow a non -conforming forty-five (45) foot driveway extension. Mr. Lagasse further explained that the property has a pre-existing non -conforming driveway and that the proposed driveway extension would consist of about two hundred twenty-five (225) square feet or about six percent (6%) of additional hardscape. Mr. Lagasse then stated that the adjacent neighbor has been amenable to the nonconforming driveway extension. Mr. Lagasse then showed on a map the existing driveway, the already approved driveway, and the proposed driveway extension, and explained that during the construction process, he had brought the grade out to the property line. Mr. Lagasse then stated that he had also put the binder down and had informed the Building Department that he had done so. Mr. Lagasse then elaborated that should the Board deny the special permit, he will cut and remove it. Mr. Lagasse then explained that the driveway extension works well with the accessory dwelling unit and that moving the accessory dwelling unit back would result in less green space. Mr. Lagasse also noted that the driveway extension helps the project considerably. Mr. Lagasse continued by stating that in the initial layout of the driveway, the neighbor's arborvitaes had grown onto 31 Bertwell Rd but that both neighbors had agreed to take them down, plant new ones, and install a fence on the neighbor's property. Mr. Lagasse stated that the extended driveway would widen the path to the accessory dwelling unit and noted that the wider driveway will better serve emergency services. Mr. Lagasse then showed some photos of the property where the homeowners had added softscape to break up the hardscape. Mr. Lagasse further showed some before and after photos of the driveway. Mr. Osten stated that he had noticed a basketball hoop and then asked if the area also served as a space for children's activities. Mr. Lagasse stated that the family at 31 Bertwell Rd. has five children and stated that the proposal will allow for extended space if the area stays paved. Mr. Shiple asked about the drainage pattern and where the water would go. Mr. Lagasse answered that the water will travel away from the accessory dwelling unit and then down the driveway. Mr. Shiple clarified that everything goes to the front of the property, which Mr. Lagasse confirmed. Mr. Shiple then asked about the purpose of the driveway extension. Mr. Lagasse stated that the driveway extension would allow for a plow to remove the snow in a straight line. Mr. Lagasse also explained that without the driveway extension, the car -turning radius requires a multi -point turn. Mr. Lagasse further explained that the family has six (6) cars and that the driveway extension would allow the family to park cars on the driveway while still accessing the garage. Mr. Lagasse reiterated that the driveway extension would provide more flexibility. Ms. Wilson asked Mr. Lagasse if he had considered putting down tiles that still allow drainage rather than pavement. Mr. Lagasse responded that he will likely put down those tiles if the Board does not grant the special permit. Mr. Clifford asked Mr. Lagasse if the fence had an easement in place. Mr. Lagasse responded that the fence resides on the neighbor's property. Mr. Clifford then asked if the fence had an easement that would allow the fence to be maintained in perpetuity since the special permit would apply to all future owners of the property. Mr. Lagasse stated that he did not know if the fence had an easement and stated that the owners of 31 Bertwell Rd and the neighbors had agreed to have the fence on the neighbor's property. Mr. Lagasse then stated that he did not know about anything regarding maintaining the fence. No further questions from the Board. Ms. Mona Roy, 36 Bertwell Rd., stated that she and her husband had written a support letter. Mr. Clifford asked Ms. Roy if the fence resided on her property. Ms. Roy stated that it did not. Mr. Clifford asked Ms. Linda Oshman, 37 Bertwell Rd., if the fence resided on her property, to which Ms. Oshman stated that it did. Mr. Clifford asked Ms. Oshman if she had any documentation for the fence agreement or if she agreed to the fence as a good neighbor, to which Ms. Oshman stated that she had agreed to the fence as a good neighbor. Ms. Oshman stated that Mr. and Ms. DiCerbo had been very considerate to her during construction of the accessory dwelling unit. No further comments or questions from the Public. No further questions from the Board. At 7:29 p.m. Mr. Clifford moved to close the hearing. At 7:29 p.m., multiple Board members second Mr. Clifford. At 7:29 p.m., the hearing closed (a roll call vote took place: Ralph D. Clifford — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Jennifer L. Wilson — Yes, and Thomas Shiple — Yes). Mr. Shiple expressed his concern about the impermeable surface that the driveway extension would add. Mr. Shiple then commented that the permeable pavers would provide some infiltration while also allowing a space for parking cars. Mr. Shiple then stated that he would like to see the proposal go in that direction. Ms. Wilson echoed Mr. Shiple's thoughts. Mr. Clifford stated that he is not inclined to grant the special permit since there is not much necessity associated with it. Mr. Clifford stated that the five (5) -foot buffer for driveways keeps cars away from the property line. Mr. Clifford stated that if the Board granted the permit, he would want a condition on it that it would need to have pervious surface. Mr. Clifford continued by expressing his concern about the lack of an easement. Mr. Clifford stated that while it's good to see neighbors helping neighbors, a special permit lasts forever, and the fence may need maintenance or cause issues when ownership changes. Mr. Clifford stated that the special permit cannot rely on that fence residing there because it's not by easement. Mr. Cohen stated that he agreed with Mr. Clifford and stated that the Board could include a condition that an easement must be drafted and signed. Mr. Clifford conducted a straw vote on the proposal. Mr. Clifford stated that two Board Members would not grant the special permit, which would defeat the petition. Mr. Shiple asked if the permeable pavers can be put in without requiring a special permit. Mr. Clifford stated that it's a matter of whether the area can be used as a driveway, not whether it's pervious or impervious surface. Ms. Olivia Lawler, Zoning Administrator, confirmed that. Mr. Clifford then stated that the straw vote determined that the special permit will not pass and that if the Board voted no, another petition that may satisfy the Board cannot come before them for two years. Mr. Clifford then explained to Mr. Lagasse that he can either withdraw the request which would give him an opportunity to come back with a new proposal or take a continuance in hopes that he can come up with a solution. No further discussion from the Board. At 7:35 p.m., Mr. Clifford moved to reopen the hearing. At 7:35 p.m., Mr. Cohen seconded Mr. Clifford. At 7:35 p.m., the Board reopened the hearing (a roll call vote took place: Ralph D. Clifford — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Jennifer L. Wilson — Yes, and Thomas Shiple — Yes). Ms. Erin DiCerbo, 31 Bertwell Rd., asked what issue the driveway extension would cause. Mr. Clifford stated that the Zoning Bylaw requires that driveways reside at least five (5) feet away from the property line. Mr. Clifford then explained that the Board balances the need for special permits with the implications for the Town and neighborhood. Mr. Clifford noted that two of the Board Members do not see the need as high enough and that without the need being high, there are no grounds to issue a special permit. Mr. Clifford then stated that Ms. DiCerbo has the right to have the Board vote, to withdraw the proposal, or to continue the hearing. Mr. Cohen clarified that should the Board not grant the special permit, a car would have no problem backing out of the garage. Mr. Lagasse confirmed this and stated that a car would need to make a multipoint turn. Mr. Lagasse suggested to Ms. DiCerbo that they withdraw the application and stated that he has some ideas. Mr. Clifford echoed this. Mr. Lagasse then stated that he had done projects with permeable pavement and asked the Board about their hierarchy of concerns. Mr. Clifford responded that the area cannot be a driveway and that the issue is not just about permeable or not permeable surface. Mr. Clifford stated that while the Boad would prefer permeable surface, two of the Board Members do not find the driveway extension acceptable in its present form and find that the proposal is not needed enough. Mr. Lagasse reiterated his suggestion to withdraw, and Ms. DiCerbo agreed. At 7:43 p.m., Mr. Clifford moved to grant a withdrawal without prejudice. At 7:43 p.m., Ms. Wilson seconded Mr. Clifford. At 7:44 p.m., the Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a withdrawal without prejudice ONE SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-5.1.14 to allow a driveway extension to be located closer to the lot line than the required five (5) feet (a roll call vote took place: Ralph D. Clifford — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Jennifer L. Wilson — Yes, and Thomas Shiple — Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom May 28th, 2026, 7:00 p.m. Board Members: Chair — Ralph D. Clifford, Norman P. Cohen, James A. Osten, and Associate Members Jennifer L. Wilson and Thomas Shiple Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian, Department Assistant Other Business: 2. Minutes from the May 14th, 2026, Meeting At 7:44 p.m., Mr. Clifford moved to approve the minutes from the May 14th, 2026. At 7:45 p.m., Mr. Osten seconded Mr. Clifford. At 7:45 p.m., the Board of Appeals voted three (3) in favor, zero (0) opposed, and two (2) in abstention to approve the minutes from May 14th, 2026, Hearing (a roll call vote took place: Ralph D. Clifford — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Jennifer L. Wilson — Abstain, and Thomas Shiple —Abstain). At 7:45 p.m., Mr. Clifford moved to adjourn the meeting. At 7:46 p.m., multiple Board Members seconded Mr. Clifford. At 7:46 p.m., the Board voted to Adjourn (a roll call vote took place: Ralph D. Clifford — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Jennifer L. Wilson — Yes, and Thomas Shiple — Yes).