HomeMy WebLinkAbout2026-07-09-ZBA-min.pdfMeeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
July 9th, 2026, 7:00 p.m.
Board Members: Acting Chair — Nyles N. Barnert, Norman P. Cohen, James A. Osten, and
Associate Members Scott E. Cooper and Jeanne K. Krieger
Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator,
and EmmaJean Anjoorian, Department Assistant
Address: 12 Blossomcrest Rd (ZBA-26-6)
The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By -Law
(Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification of
a non -conforming structure to allow the height of the dwelling to be greater than otherwise
allowed and to allow the front yard setback to be less than otherwise allowed.
The petitioner submitted the following information with the application: Nature and Justification,
Certified Proposed Plot Plan, Elevations, Floor Plans, and Gross Floor Area Calculation Form.
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.
At 7:03 p.m., the Hearing opened.
Petitioner: Samuel Robertson on behalf of Piotr and Teli Leung-Galecki
Mr. Samuel Robertson, architect for 12 Blossomcrest Rd., began his presentation by stating that
he had submitted a design packet of information for the two special permits that he sought. Mr.
Robertson stated that in the application packet they had a pre-existing non -conforming footprint
that they wish to build on top of. Mr. Robertson elaborated that the project entails a renovation
and an addition and that the house will connect to the preexisting non -conforming garage. Mr.
Robertson then explained that the connection to the pre-existing non -conforming garage
triggers a stricter height requirement and that the intended project will have a height of thirty
(30) feet above grade. Mr. Robertson noted that with the roof overhang, the pre-existing non-
conforming garage has a 3.3 -foot setback from the side property. Mr. Robertson continued his
presentation by stating that the second -floor addition also increases the home's non -conformity.
Mr. Robertson then explained that he wants to frame the addition with a method called garrison
framing, where the floor framing overhangs the existing first floor walls. Mr. Robertson further
explained that this method of framing allows for an efficient structural assembly and would
create bedrooms sized to today's standards. Mr. Robertson then clarified that the addition would
increase the non -conformity to the street. Mr. Robertson continued by asking the Board to look
at the shape of the building and noted that thirty (30) foot part of the project will reside in the
center of the site. Mr. Robertson further noted that the property has screening on both sides and
that the lot has an irregular shape with a curved frontage.
Mr. Osten asked to see a layout of the expansion. Mr. Osten noted the thirty (30) foot front yard
setback requirement and then stated that the Zoning Bylaw contains a provision about curved
frontages and questioned the location of the actual frontage and front property line. Mr.
Robertson stated that he had included a drawing that shows the building footprint, roof
overhangs, and setback lines. Mr. Robertson showed the drawing and noted the curved
setback. Mr. Osten then asked Ms. Olivia Lawler, Lexington Zoning Administrator, about the
Zoning Bylaw provision regarding curved frontages. Ms. Lawler responded that the provision
regarded the length of the front yard rather than the front yard setback. Mr. Osten then asked
about the location of the addition, to which Mr. Robertson showed the existing footprint on one
side of the house where they plan to put a second story addition and continue the gable roofing
front to back. Mr. Robertson noted that with the garrison framing, the second story floor will
overhang the first floor and that the second floor would reside fourteen (14) inches closer to the
street on the front and side.
Mr. Cooper clarified that the overhand constitutes the setback violation, which Mr. Robertson
confirmed. Mr. Cooper then asked how much the proposed height exceeds than the allowed
height. Mr. Robertson stated that the setback determines the height and that the house has a
pre-existing non -conforming height of twenty-five (25) feet. Mr. Robertson noted that a by -right
footprint allows a heigh of forty (40) feet and that their proposal has a height of thirty (30) feet.
Ms. Krieger expressed her concern about the height and asked Mr. Robertson if he had
considered a design that would conform with the allowable height. Mr. Robertson stated that he
had not and that the garage setback determines the height restriction. Mr. Robertson noted that
the rest of the building, besides the front, conforms.
Mr. Cohen asked what the neighbors thought about the project. Mr. Piotr Galecki, 12
Blossomcrest Rd., stated that he had discussed the project with the neighbors and that the
neighbors had not raised any concerns. Mr. Barnert asked which neighbor Mr. Galecki had
discussed it with, to which Mr. Galecki stated that he had discussed it with the neighbors on the
garage side. Mr. Cohen asked about the neighbors on the other side, and Ms. Lawler stated that
the staff had not received any letters from the neighbors. Ms. Teli Leung-Galecki, 12
Blossomcrest Rd., stated that they had spoken the neighbors on the left and that they did not
have any concerns.
No further questions from the Board.
No further comments or questions from the Public.
No further questions from the Board.
Mr. Robertson summarized his project by stating that the project will bring the house to more
contemporary standards. Mr. Robertson noted that they have continued with the design of the
house with strong roof planes and glass. Mr. Roberston then stated that he believed that the
project keeps with the style of the neighborhood and that the proposal would result in a modest
increase to the tax base. Mr. Robertson further noted that the project would remain under the
maximum allowed gross floor area and the modest height increase.
At 7:22 Mr. Barnert moved to close the hearing.
At 7:23 p.m., the hearing closed (a roll call vote took place: Nyles N. Barnert — Yes, Norman P.
Cohen — Yes, James A. Osten — Yes, Scott E. Cooper — Yes, and Jeanne K. Krieger — Yes).
Mr. Barnert noted that according to the bylaw, tall structures can't reside close to the edge of the
property. Mr. Barnert then stated that the tall part of the project appears to have a large enough
setback from the neighbor and that the neighbor had expressed their content with the project.
Ms. Krieger expressed her concern about the height and stated that she understood the bylaw
to prevent large masses on narrow lots. Ms. Krieger then stated that she will not make an issue
of the height if the neighbors have no concerns with it.
No further discussion from the Board.
At 7:24 p.m., Mr. Barnert moved to approve the petition.
At 7:25 p.m., multiple Board Members seconded Mr. Barnert.
At 7:25 p.m., the Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in
abstention to grant TWO (2) SPECIAL PERMITS in accordance with the Zoning By -Law
(Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2 to allow modification of
a non -conforming structure to allow the height of the dwelling to be greater than otherwise
allowed and to allow the front yard setback to be less than otherwise allowed (a roll call vote
took place: Nyles N. Barnert — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Scott E.
Cooper — Yes, and Jeanne K. Krieger — Yes).
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
July 9th, 2026, 7:00 p.m.
Board Members: Acting Chair — Nyles N. Barnert, Norman P. Cohen, James A. Osten, and
Associate Members Scott E. Cooper and Jeanne K. Krieger
Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator,
and EmmaJean Anjoorian, Department Assistant
Address: 300 Shire Way (ZBA-26-7)
The petitioner is requesting a MINOR MODIFICATION in accordance with the Zoning By -Law
(Chapter 135 of the Code of Lexington) section(s) 135-9.2.2(5) to allow a minor modification to a
previously issued Special Permit dated February 26th, 2026.
The petitioner submitted the following information with the application: Nature and Justification,
Plot Plan, Elevations, Rendered Building Images Dated February 26th, 2026, Rendered Building
Images Dated June 41h, 2026, Site Plans, Roof Plans, Existing Conditions Plan, Site Preparation
Plan, Layout and Materials Plan, Grading and Utility Plan, Previously Granted Board of Appeals
Decision dated February 26th, 2026.
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 and the Building Commissioner.
At 7:25 p.m., the Hearing opened.
Petitioner: John Hart on behalf of Takeda Pharmaceuticals
Mr. John Hart, civil engineer at SMMA, represented Takeda Pharmaceuticals and stated that he
had come before the Board in February for a major modification, which the Board approved. Mr.
Hart then explained that after the approval, him and his team added two air handling units on
top of the penthouse, that comply with zoning and modifying the electric yard to add one more
transformer and eliminate one more parking space. Mr. Hart then noted that the penthouse
structure did not change and that the building height requirements allow for the penthouses to
reach a height of twenty-five (25) feet and sixty percent (60%) of the roof area, which did not
change. Mr. Hart then stated that the requirements allow for equipment to extend between
twenty-five (25) and thirty (30) feet, which the two added air handlers fall in that range. Mr. Hart
explained that the air handles add one percent (1 %) to the 0.8% roof area and that zoning
allows three percent (3%). Mr. Hart then reiterated that he plans to add one more transformer to
the electric yard which will result in the loss of one parking spot. Mr. Hart then continued his
presentation by stating that the modification also includes some facade changes and a
reduction in impervious surface. Mr. Hart explained that the Town's peer reviewer has the
completed sound study and that he awaits final comments. Mr. Hart elaborated that he would do
the new sound measurement after the project's construction. Mr. Hart then showed a visual of
the changes, the new facade, the electric yard, and the proposed landscaping. Mr. Hart then
noted that Takeda will still have well over the required amount of parking spaces.
Mr. Osten asked when the Board approved the original proposal, to which Mr. Barnert stated
that the Board had approved it in February.
Mr. Cooper asked why the screening material had changed. Mr. David Simon stated that he had
met with Takeda's global planning and design folks about the first design and that they had
asked that the screening match the existing color perspective between 200 and 400 Shire Way.
Mr. Osten asked about the status of the sound study. Mr. Hart stated that Takeda's consultants
the Town's consultants had gone back and forth and that they had made some updates to the
report. Mr. Hart then stated that he had uploaded the most up-to-date report to the portal and
that although Takeda's consultants are waiting to hear back from the Town's consultants, all
parties have reached an agreement on the protocols and that he awaits the finals comments
from the Town's consultants. Mr. Hart explained that sound readings will occur once the project
moves ahead. Mr. Osten asked Mr. Hart if he had a mitigation plan, to which Mr. Hart stated that
some equipment will come off the roof while other equipment will go on. Mr. Todd Kosterman
explained that putting the units on the roof reduces the need for louvres on the building, which
will keep the penthouse more sound tight.
No further questions from the Board.
No further comments or questions from the Public.
No further questions from the Board.
At 7:42 p.m., Mr. Barnert moved to determine that the petition is a minor modification.
At 7:42 p.m., Ms. Krieger seconded Mr. Barnert.
At 7:42 p.m., The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in
abstention to DETERMINE that certain changes to the Special Permit Modification Decision are
Minor in nature and that no public hearing is required by the Board to allow the revisions (a roll
call vote took place: Nyles N. Barnert — Yes, Norman P. Cohen — Yes, James A. Osten — Yes,
Scott E. Cooper — Yes, and Jeanne K. Krieger — Yes).
Ms. Krieger expressed her content knowing that the project follows the protocol established for
reviewing the noise impacts and that the Board should approve the petition subject to the
competition of that procedure and have a field test at the end.
At 7:43 p.m., Mr. Barnert moved to approve the petition.
At 7:43 p.m., Mr. Cohen seconded Mr. Mr. Barnert.
At 7:43 p.m., 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) 135-9.2.2(5) to allow a minor modification to a previously issued
Special Permit dated February 26th, 2026 (a roll call vote took place: Nyles N. Barnert — Yes,
Norman P. Cohen — Yes, James A. Osten — Yes, Scott E. Cooper — Yes, and Jeanne K. Krieger
— Yes).
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
July 9th, 2026, 7:00 p.m.
Board Members: Acting Chair — Nyles N. Barnert, Norman P. Cohen, James A. Osten, and
Associate Members Scott E. Cooper and Jeanne K. Krieger
Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator,
and EmmaJean Anjoorian, Department Assistant
Other Business:
1. Minutes from the May 28th, 2026 Meeting
At 7:44 p.m., Mr. Barnert moved to approve the minutes.
At 7:44 p.m., Mr. Osten seconded Mr. Barnert.
At 7:44 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 28th, 2026, Hearing (a roll call vote took place:
Nyles N. Barnert — Yes, Norman P. Cohen — Yes, James A. Osten — Yes, Scott E. Cooper —
Abstain, and Jeanne K. Krieger — Abstain).
At 7:44 p.m., Mr. Barnert moved to adjourn the meeting.
At 7:44 p.m., multiple Board members seconded Mr. Barnert.
At 7:44 p.m., the Board voted to Adjourn (a roll call vote took place: Nyles N. Barnert — Yes,
Norman P. Cohen — Yes, James A. Osten — Yes, Scott E. Cooper — Yes, and Jeanne K. Krieger
— Yes).