HomeMy WebLinkAbout2026-08-13-ZBA-min.pdfMeeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
August 13th, 2026, 7:00 p.m.
Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A.
Osten, and Associate Member Jeanne K. Krieger
Alternate Member: Jennifer L. Wilson
Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning
Administrator
Address: 89 Meriam Street (ZBA-26-10)
The petitioner is requesting ONE VARIANCE in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) section(s) 135-9.2.2(2) and 135-4.1.1 Table 2 to allow a setback
on a secondary street to be less than otherwise required.
The petitioner submitted the following information with the application: Nature and Justification,
Topographic Plan, Certified Proposed Plot Plan, Elevations, Floor Plans, Photographs,
Homeowner’s Letter, Abutter Support Letters, Gross Floor Area Calculation Form, Soil Suitability
Assessment, Average Natural Grade Worksheet, Revised Certified Proposed Plot Plan dated
July 28th, 2026, and Height 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 and the Engineering Department.
The Hearing opened on July 23rd, 2026, and continued to August 13th, 2026.
Petitioner: Tim Svarczkopf on behalf of Bridger McGraw and McClain Howarth
Mr. Tim Svarczkopf, Senior Project Developer at Platt Builders, represented the homeowners at
89 Meriam St., Mr. Bridger McGraw and Ms. McClain Howarth. Mr. Svarczkopf stated that he
had refined the proposal based off the Board’s feedback and stated that they seek to create a
commonplace, modest, functional improvement that respects both the home’s character and the
neighborhood around it. Mr. Svarczkopf explained that he had shortened the proposed garage
by two feet and repositioned the garage so that it resides four feet away from the property line.
Mr. Svarczkopf also explained that he brought the garage fully in plain with the existing home
and moved it as close to the ledge as site conditions safely allow. Mr. Svarczkopf stated that this
adjustment reduces massing, improves site lines, and creates a more cohesive relationship
between the new structure and the 1925 Dutch Colonial. Mr. Svarczkopf showed a plot plan of
the original designed and the revised one and then stated that he narrowed the driveway to
twenty feet to conform to zoning requirements and for consistency throughout Meriam Hill. Mr.
Svarczkopf explained that he prioritized honoring the historic qualities of the home while
ensuring that the design remains fully in keeping with the neighborhood’s established patterns
of driveways and garages. Mr. Svarczkopf then stated that the revised garage placement
represents the least disruptive option available and protects mature trees, respects natural
contours, and avoids unnecessary disturbances to abutters. Mr. Svarczkopf concluded his
presentation by emphasizing the abundant abutter support for the project, reiterated that the
project would preserve the character and integrity of the neighborhood, and stated that the
project would solve a functional need for the homeowners.
Ms. Krieger asked Mr. Svarczkopf about his plans for the existing driveway cut on Meriam Street
and asked if he plans to landscape it or retain it. Mr. Svarczkopf responded that the while the
homeowners have yet to decide what to do with the existing driveway, in the last meeting they
suggested removing the pavement and replacing it with a permeable surface. Mr. Svarczkopf
then stated that he thought that the homeowners intended to retain some sort of parking nearby
Meriam Street but then discontinue the driveway past that. Ms. Krieger then asked if the
homeowners intend to pull the cars into the garage or if the homeowners intend to park the cars
on the driveway which resides in the right-of-way. Mr. Svarczkopf stated that the homeowners
intend to have the cars in the garage unless they have guests visiting or some short-term tasks
that they need to do.
Mr. Osten asked about rain and snow removal, and stated that based off the peak roof plans,
the water would run off the sides. Mr. Svarczkopf confirmed this. Mr. Osten asked Mr.
Svarczkopf if he had any plans for snow removal. Mr. Svarczkopf stated that the ridge lines
goes parallel to Meriam Street so the water would not fall onto the driveway.
Mr. Clifford stated that at the last meeting the Board suggested moving the garage closer to the
house and asked why the garage remained close to its original location. Mr. Svarczkopf
explained that he intends to have access from the back of the garage to the home and that they
did not want to move the garage any closer. Mr. Svarczkopf stated that the garage would reside
close to the sunroom and that he wanted some separation between the sunroom and the
garage. Mr. Clifford noted the challenging nature of the proposal and stated that the Board must
consider whether the garage could reside on the property in a way that would not violate zoning
as much and then stated that moving the garage closer to the house would achieve that. Mr.
Clifford asked Mr. Svarczkopf if he had any other reason for the garage’s placement besides the
gap between the garage and the sunroom. Mr. Svarczkopf stated that the ledge resides directly
south of the sunroom and to the east of the proposed garage and explained that he intends to
manage the location of the garage with the Board recommendations and site conditions. Mr.
McGraw stated that they had shortened the garage by two feet and had moved it closer to the
house from the property line to improve the distance. Mr. McGraw noted that they could move
the garage north towards the ledge which may result in the garage residing closer to the house.
Mr. McGraw stated that once they better understand the placement of the ledge, they can
address Mr. Clifford’s concern. Mr. Clifford stated that they need to address the concern tonight
or continue the hearing so that they can explore the ledge. Mr. Clifford then noted that Lexington
measures setbacks from the furthest projecting point, so based off the roof overhand, the
garage would reside approximately three feet from the property line based on the plot plan. Mr.
Clifford then stated that if they moved the garage towards the house, it would reside further
away from the property line and would align with many Lexington neighborhoods.
Mr. Cohen recalled that many neighbors had provided written support in favor of the proposal
and asked if they had shown the neighbors the new proposal. Mr. McGraw stated that while they
did not show the neighbors the new plans, the design and placement of the new proposal
remain similar to the original one. Mr. McGraw then stated that the improvements and the Board
recommendations align with the neighbor’s support for the garage. Mr. Cohen noted that no one
spoke against it.
Mr. Osten asked if the garage door would open in a folding manner or an overhead manner, to
which Mr. Svarczkopf stated that they plan to have carriage-style doors that will function like a
standard garage door.
Mr. Svarczkopf concluded his presentation by stating that they had tried to implement the
Board’s recommendations to the best of their ability and the significant amount of ledge on the
site presents challenges. Mr. Svarczkopf stated that for those reasons they ask the Board to
approve the application as it’s proposed.
No further questions from the Board.
No further comments or questions from the Public.
No further questions from the Board.
At 7:17 p.m., Mr. Clifford moved to close the hearing.
At 7:17, multiple Board members seconded Mr. Clifford.
At 7:18 p.m., the hearing closed (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N.
Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger – Yes).
Mr. Clifford noted that with the new variance standards, the Board should go through the
standards step by step so that the staff can meet the needs to develop the necessary findings to
incorporate them into the decision. Mr. Clifford then stated that the Board should make
statements about how the proposal complies or does not comply with each of the new variance
standards. Mr. Clifford further stated that the garage would benefit the petitioner. Mr. Clifford
then noted that the garage would have a neutral impact on the public interest, which Ms. Krieger
agreed with. Mr. Clifford then stated that the garage would not support housing production.
Regarding soil condition, lot shape, or topography, Mr. Clifford noted that the ledge affects the
decision of where to put the garage. Mr. Cohen asked for clarification on whether the Board
needs to consider it, to which Mr. Clifford stated that the statute states Board can consider those
factors but does not say what the Board needs to do with them. Regarding the financial
hardship, Mr. Clifford stated that the tree nuts will no longer hit the homeowners’ cars and noted
that variances no longer require a severe financial hardship. Mr. Osten also noted the walking
hazard posed by snow and ice. Mr. Clifford noted that since the garage does not attach to the
house the homeowners would need to leave the garage and walk to the door, though Ms.
Krieger noted that the slope might lessen. Regarding the detriment to public health, safety, or
welfare of the neighborhood, Mr. Barnert and Mr. Clifford both agreed that the proposal will not
pose a problem. Regarding whether the proposal could become more compliant, Mr. Clifford
stated that the garage could reside closer to the house. Mr. Barnert noted that moving the
garage closer to the house would cost the homeowners more. Mr. Clifford stated that he
believed that the statute does not instruct the Board to balance factors but rather asks the Board
various questions. Regarding whether the current or a former owner created the problem, Mr.
Clifford and Ms. Krieger both agreed that a former owner did, as whoever built the house built it
without a garage. Mr. Clifford noted that the intent of that criteria would apply to parties who
started a project in violation of the old statute, who now seek a variance.
Mr. Clifford expressed his concern about how the garage could become more compliant by
moving the garage closer to the house while allowing the homeowner to have the financial
benefit of the garage. Mr. Clifford stated that the Board should grant the variance for a five (5)
foot gap between the house and the garage, not a ten (10) foot gap. Mr. Clifford noted that this
would result in a proposal that complies better with the zoning regulations while allowing the
homeowner to have the financial benefit of the garage. Mr. Clifford then stated that the Board
should grant the variance for five (5) feet, not ten (10) feet.
Ms. Krieger stated that she believed that a potential hardship would exist if they had to move the
garage closer to the house as it would shade the sunroom and have a dark alley between the
garage and a room. Mr. Clifford noted that the statute discusses financial hardships. Mr. Clifford
stated that if they discover that they cannot place the garage in a way that they thought they
could, they can come back to the Board and seek an amendment to the variance. Mr. Clifford
noted that the financial hardship would arise if they needed dynamite or something else to do
the project. Mr. Clifford then stated that he would support the variance with a five (5) foot gap
between the house and the garage and suggested that the Board add it as a condition. Mr.
Cohen asked that the Board acknowledge that should the Board add a five (5) foot gap
condition, and should the ledge affect the garage in that location, that the proposal would need
to come back to the Board. Mr. Clifford stated that the proposal would need to come back to the
Board and asked Ms. Olivia Lawler, Zoning Administrator, to look at the zoning regulations to
see if they could come back to the Board for a minor modification.
Ms. Wilson agreed with Mr. Clifford that the Board does not have information to know decisively
if a hardship would occur if the Board granted the variance with a larger gap. Mr. Osten stated
that the Board does not know how far the ledge extends underground and noted that the
underground ledge may potentially interfere with the proposal. Mr. Osten then stated that five (5)
feet away from the house should give them clearance from the ledge. However, should the
ledge present a problem for the foundation, Mr. Osten stated that he would willingly extend the
gap between the house and the garage. Ms. Lawler stated that only special permits can come
back to the Board for minor modifications but that the proposal could apply for a regular
modification, which would require a new public hearing. Mr. Clifford stated that the Board would
likely not approve the variance as a variance would need four votes to pass and two of the
Board members would not approve the proposal in its current form. Mr. Clifford then stated that
the Board needs to decide how they can effectively grant the variance, but not for the garage in
its current location. Mr. Clifford suggested granting the variance with a condition, but that would
require another advertisement for the proposal. Mr. Clifford then suggested reopening the
hearing so that the Board can discuss the options with the applicant.
At 7:31 p.m., Mr. Clifford moved to reopen the Hearing.
At 7:31 p.m., Mr. Barnert second Mr. Clifford.
At 7:31 p.m., the Hearing reopened (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N.
Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger – Yes).
Mr. Clifford told the applicant that the Board would grant a variance for a garage located five (5)
feet away from the house but that the plans do not show that and that the Board needs to know
whether the ledge drops down. Mr. Svarczkopf stated that the property has a fence with a gate
and that they’ve done some minor test digging in the area and found that the ledges goes five
(5) inches below at the gate. Mr. Svarczkopf then stated that the gate resides in the area that
they hope to come off the back of the garage to access the rear of the home, which would serve
as the primary entry from the garage. Mr. Svarczkopf then stated that they know that that area
has ledge and that if the Board grants the variance with conditions that they will do some further
investigation. Mr. Svarczkopf then stated that they would willingly prove the location of the
ledge, and therefore the location of the garage, and will manage the conditions that the Board
sets. Mr. Clifford stated that he hopes to avoid having to readvertise the Hearing and
recommended that the Hearing continue. Ms. Lawler then stated that a proposal can do a minor
modification for a variance.
At 7:34 p.m., Mr. Clifford moved to reclose the Hearing.
At 7:34 p.m., Ms. Krieger second Mr. Clifford.
At 7:34 p.m., the hearing closed (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N.
Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger – Yes).
Mr. Clifford proposed granting the variance with a condition that the garage resides five (5) feet
away from the house with a full understanding that they have minor modification rights. Mr.
Clifford stated that should the applicant prove that the five (5) foot gap does not work because
of the ledge, they should file for a minor modification, and the Board will work with them to figure
out a plan that does work. Mr. Barnert asked why this would work better over a continuance. Mr.
Clifford stated that the Board could do a continuance, however, the Board could change its
mind. Mr. Clifford then stated that if the Board voted on a variance, they would at least have one
with conditions. Ms. Krieger stated that she does not have an opinion and asked if the applicant
had a choice. Mr. Clifford stated that the Board would need to reopen the Hearing. Mr. Clifford
noted the safer and stronger nature of granting the variance rather than continuing the Hearing.
Mr. Clifford stated that the Board could vote no if the Hearing continued, but that they will have
the variance if the Board votes to grant it.
No further discussion from the Board.
At 7:37 p.m., Mr. Clifford moved to approve the petition subject to the plans submitted and
subject to the additional requirement that the garage reside five (5) feet away from the house.
At 7:38 p.m., Mr. Cohen second Mr. Clifford.
At 7:38 p.m., the Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in
abstention to grant ONE VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the
Code of Lexington) section(s) 135-9.2.2(2) and 135-4.1.1 Table 2 to allow a setback on a
secondary street to be less than otherwise required (a roll call vote took place: Ralph D. Clifford
– Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K.
Krieger – Yes).
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
August 13th, 2026, 7:00 p.m.
Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A.
Osten, and Associate Member Jeanne K. Krieger
Alternate Member: Jennifer L. Wilson
Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning
Administrator
Address: 323 Marrett Road (ZBA-26-12)
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, 135-5.2.4(1), and 135-3.4 – Table 1,
Line J.1.02 to allow internal illumination of wall signs and to allow a takeout food service
establishment to open at 5:00 a.m.
The petitioner submitted the following information with the application: Nature and Justification,
Sign Plans, Property Owner Narrative, and Certified Proposed Plot Plan Waiver Request.
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 Select Board.
At 7:38 p.m., the Hearing opened.
Petitioner: Nicole Sullivan on behalf of Rev Road Realty LLC
Ms. Nicole Sullivan represented Mark and Megan Page, who own both the property and the
business at 323 Marrett Rd. Ms. Sullivan then stated that they come before the Board to allow
internally illuminated lights and for a 5:00 a.m. start time. Ms. Sullivan noted that she already
has the lights up but that they do not illuminate. Mr. Sullivan also noted that the previous Dunkin’
had illuminated signs but that the believed that she needs to go back to the Board since she
plans on increasing the no. of signs. Ms. Sullivan then showed some drawings that show the
elevation.
Mr. Osten expressed his content with the signs and asked if any baking will occur at 5:00 a.m.
or if they will have food brought to the site. Ms. Sullivan stated that they will have food brought
to the site. Ms. Sullivan stated that they have other stores in other towns that open at 5:00 a.m.
and that they want the opportunity to serve first responders and people who head out early. Ms.
Sullivan noted that opening at 5:00 a.m. also helps with congestion since people could come in
earlier. Mr. Osten noted that the property has one garbage bin the back which resides well
below the residential neighborhood. Mr. Osten then asked about the plans to empty the garbage
bin. Ms. Sullivan stated that she works with Win Waste on the dumpster and that they had come
out to the store, after she had gone to the Board of Health, and stated that Win Waste plans to
come later since they abut a residential area.
Mr. Barnert asked Ms. Sullivan if she had received any responses from the neighbors on Marrett
Rd. and Waltham St regarding opening early. Ms. Sullivan stated that she had not received any
responses. Mr. Barnert asked if she had contacted them, to which Ms. Sullivan stated that a
notice had went out. Mr. Barnert clarified that Ms. Sullivan did not try to contact them
individually, which Ms. Sullivan confirmed. Mr. Barnert stated that a residential neighborhood
surrounds the area and that no other business in the area opens before six.
Mr. Cohen asked what zone the property resides in, to which Mr. Barnert responded that the
property resides in the CN zone. Mr. Cohen stated that notifying the neighbors in person about
the 5:00 a.m. opening may have appeared better but noted that the abutters did receive notices.
Mr. Cohen noted that he believed that the property did not have a change in ownership. Mr.
Cohen stated that while a 5:00 a.m. opening may seem a little early, no baking will take place
and that the people in charge will arrive before 5:00 a.m. Mr. Cohen stated that he plans to vote
yes.
Ms. Krieger noted that some participants had left comments in the chat and that the Board
should address those. Mr. Clifford stated that they have not done public comment yet.
Mr. Clifford asked Ms. Sullivan when the truck will do the deliveries. Ms. Sullivan stated that they
plan to use a box van to deliver the donuts and that the delivery time differs sometime between
the night before or the early morning hours. Ms. Sullivan clarified that the delivery van will leave
the donuts in the vestibule every day. Mr. Clifford asked if Jimmy John’s will have the same
system. Ms. Sullivan stated that Jimmy John’s will bake the bread everyday and that since
Jimmy John’s serves lunch that they will not open early to bake.
Mr. Barnert clarified with Ms. Sullivan that should the Dunkin’ open at 5:00 a.m., they will serve
donuts that could arrive at the store eight hours before. Ms. Sullivan confirmed this and stated
that Dunkin’ now receive donut deliveries overnight and no longer makes fresh donuts in the
store.
No further questions from the Board.
Mr. Dominic Modoono, 336 Marrett Rd., who resides across the street from 323 Marrett Rd. and
right next to Cumberland Farms, expressed his concern for the 5:00 a.m. opening when the
other businesses in the area open at 6:00 a.m. or 7:00 a.m. Mr. Modoono noted that another
business in the area has patrons arriving before the opening time waiting to go in and that in the
wintertime, the snow plows will leave their trucks running. Mr. Modoono expressed his concerns
that these occurrences may happen an hour earlier and expressed his concerns with him and
his family sleeping through the night. Mr. Modoono then asked if this will set a precedent in
Lexington that all stores can open at 5:00 a.m. and noted the early nature of a 5:00 a.m.
opening.
No further comments or questions from the Public.
Ms. Sullivan expressed her gratitude for the conversation and expressed her excitement to open
either way. Ms. Sullivan then expressed her willingness to open at 5:30 a.m. as a compromise
and stated that should the 5:00 a.m. opening not serve as a benefit that they will not do it but
would like to try. Ms. Sullivan stated that they also own the Dunkin’ at 286 Lincoln St and that
the reason that that Dunkin’ does open earlier is because the gas station does not open earlier.
No further questions from the Board.
At 7:54 p.m., Mr. Clifford moved to close the Hearing.
At 7:54 p.m., Mr. Barnert seconded Mr. Clifford.
At 7:54 p.m., the hearing closed (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N.
Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger – Yes).
Mr. Clifford asked if any Board member had a problem with the signs. No Board member did.
Mr. Clifford then asked if any Board member had a problem with the opening time. Multiple
Board members expressed their concerns for the opening time. Mr. Clifford asked what opening
time the Board members would prefer, to which multiple Board members stated that they
wanted a 6:00 a.m. opening.
No further discussion from the Board.
At 7:55 p.m., Mr. Clifford moved to approve ONE (1) SPECIAL PERMIT in accordance with the
Zoning Bylaw (Chapter 135 of the Code of Lexington) (the “Bylaw”) section(s) 135-9.4, and 135-
5.2.4(1) to allow internal illumination of four (4) wall signs
At 7:55 p.m., multiple Board members seconded Mr. Clifford.
At 7:55 p.m., the Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in
abstention to grant ONE (1) SPECIAL PERMIT in accordance with the Zoning Bylaw (Chapter
135 of the Code of Lexington) (the “Bylaw”) section(s) 135-9.4, and 135-5.2.4(1) to allow
internal illumination of four (4) wall signs. A roll call vote was taken: Ralph D. Clifford – Yes,
Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger
– Yes).
At 7:56 p.m., Mr. Clifford moved to approve ONE (1) SPECIAL PERMIT in accordance with the
Zoning Bylaw (Chapter 135 of the Code of Lexington) (the “Bylaw”) section(s) 135-9.4 and 135-
3.4 - Table 1 (Permitted Uses and Development Standards), Line J.1.02, to allow a takeout food
service establishment to open at 5:00 a.m.
At 7:56 p.m., Mr. Barnert seconded Mr. Clifford.
At 7:56 p.m., the Board of Appeals voted zero (0) in favor, five (5) opposed, and zero (0) in
abstention to deny ONE (1) SPECIAL PERMIT in accordance with the Zoning Bylaw (Chapter
135 of the Code of Lexington) (the “Bylaw”) section(s) 135-9.4 and 135-3.4 - Table 1 (Permitted
Uses and Development Standards), Line J.1.02, to allow a takeout food service establishment
to open at 5:00 a.m. A roll call vote was taken: Ralph D. Clifford – No, Nyles N. Barnert – No,
Norman P. Cohen – No, James A. Osten – No, and Jeanne K. Krieger – No).
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
August 13th, 2026, 7:00 p.m.
Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A.
Osten, and Associate Member Jeanne K. Krieger
Alternate Member: Jennifer L. Wilson
Address: 20 Muzzey Street (ZBA-26-14)
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, 135-5.1.11, & 135-5.1.13.1D to allow
for the driveway/maneuvering aisle and the parallel parking to be located closer than 20 ft. to
the residential district line & to allow a driveway for two-way use to have less than the required
18 ft. width required.
The petitioner submitted the following information with the application: Nature and Justification,
Site Plan, Approval Not Required Plan of Land, and Proposed Certified Plot Plan Waiver
Request.
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 7:56 p.m., the Hearing opened.
Petitioner: Colin Smith on behalf of Veda Realty LLC
Mr. Colin Smith, architect for the proposal, stated that he represents the owner of a growing
Lexington-based dental practice. Mr. Smith explained that the owner recently purchased 20
Muzzey St. and plans to add a two-story addition to the structure. Mr. Smith then explained that
they seek relief from the eighteen (18) foot requirement for existing driveway and the twenty
(20) foot requirement for parking since the property resides in the CB zone and abuts a
residential property. Mr. Smith stated that they plan to improve the snow storage and then
showed an aerial view of the parking lot. Mr. Smith described the parking area as large and
stated that the rear abuts all three lot lines. Mr. Smith elaborated that they plan to create more of
a buffer and stated that their proposal remains in character with the commercial parking in the
area. Mr. Smith then showed a photo of the abutting residential property with vegetation
screening and a fence and reiterated that they plan to increase that buffer area for snow
storage. Mr. Smith then identified the proposed area for the parallel parking spaces. Mr. Smith
then explained that the existing historic structure and the curb cut bound the driveway and that
they do not plan to change the existing curb cut. Mr. Smith explained that he did some
calculations for the lot and that the lot requires a minimum of twelve (12) parking spaces and
that they propose to have thirteen (13), which will include two (2) accessible spaces. Mr. Smith
noted that they plan to make the dental practice handicap accessible.
Mr. Barnert asked Mr. Smith about the hours of operation. Mr. Smith stated that the did not know
the hours of operation and stated that he could get that information to the Board. Mr. Smith also
noted that they will comply with the Bylaws for operating hours. Mr. Barnert asked if restricting
parking from 7:00 a.m. to 9:00 p.m. would pose a problem, and clarified that cars parking at
night could pose a problem to the residential abutters. Mr. Smith stated that he does not believe
that that condition would pose a problem.
Ms. Wilson asked Mr. Smith to clarify the parking restriction since the parking lot would
constitute off-street parking and would not restrict people from parking in other places. Ms.
Wilson then stated that whoever parking in the area off-hours would park in street spaces. Mr.
Clifford stated that the Board can discuss the possible condition during their deliberation.
Mr. Osten asked about the status of the application before the Historical District Commission.
Mr. Smith stated that they have an application filed with the Historic District Commission and
that they will go before them on September 3rd. Mr. Osten asked Mr. Smith if the Historic District
Commission imposed any conditions on them yet, to which Mr. Smith stated that they had not
received any feedback from the Historic District Commission and that they will receive feedback
at the Hearing. Mr. Osten asked if any incentive exists in state law and bylaws that encourages
handicap accessibility. Mr. Smith responded that the code requires them to make the dental
space handicap accessible. Mr. Smith then stated that his client needs the accessibility design
for patients that may receive anesthesia and need some assistance out.
Mr. Clifford asked the plans of what the parking lot will look like as the parking currently appears
in a state of disrepair. Mr. Smith stated that the property may have a partially paved driveway
that disintegrates into the back lot. Mr. Smith then noted that the parking lot will constitute a
huge investment for his client and stated that his client had hoped to develop their parking lot
after they settle in their business. Mr. Clifford then stated that one of the special permits regards
parking and asked Mr. Smith if he knows where the handicap spots will reside. Mr. Smith stated
that the signage would identify the handicap spots in the aisle and that they would have to bring
that up to code. Mr. Smith stated that he had provided a proof plan to show that this site could
handle the amount of square footage that they had proposed and still meet the bylaw parking
requirements. Mr. Clifford expressed his concern about water and stated that if the parking lot
becomes paved then the water will flow differently. Mr. Smith agreed and said that a paved
driveway would constitute a more intense use of the site. Mr. Smith then said that the property
has a partially paved driveway and might have mostly impervious surface. Mr. Clifford stated
that the Board may impose a condition.
Mr. Cohen asked about the width of the existing driveway. Mr. Smith responded that the
driveway has a width of about twelve and a half (12.5) feet. Mr. Smith stated that they would
change the shape but would not change the curb cut, that the driveway would have a width of
about twelve and a half (12.5) feet instead of eighteen (18) feet, and that the parallel parking
spaces would have seven (7) feet instead of twenty (20) feet. Mr. Cohen clarified that when one
drives into the property from the street, the property cannot have a wider driveway than the one
that currently exists because of the building, which Mr. Smith confirmed.
No further questions from the Board.
Mr. John Campbell, 33 Muzzey St., stated that he and his wife own 22 Muzzey St. which resides
adjacent to the driveway. Mr. Campbell stated that while snow storage could serve as a buffer, it
could also serve as a way to push snow against the fence and potentially knock it over. Mr.
Campbell then asked how the snow removal would work. Mr. Smith stated that the plan also
includes snow storage on the opposing lot line as well as either side of the driveway up front.
Mr. Campbell stated that in the past, the back of the lot served as snow storage, and that the
side of the driveway has all grass. Mr. Campbell then stated that he believed that the snow
storage would kill the grass and spill over into his property. Mr. Smith stated that the natural
tendency of the snow plow would push the snow to the back of the lot and stated that plowing
the driveway would naturally result in some snow storage on the borders. Mr. Smith then stated
that they have room for snow storage in the back corner and also stated that he does not know
of any calculations in the Bylaw that dictate how much snow storage a property needs to have.
Mr. Smith asked Ms. Lawler about the Bylaw requirements for snow storage, to which Ms.
Lawler responded that the Zoning Bylaw requires a minimum of two five (5) foot wide areas on
either side of the parking lot. Mr. Smith stated that their site plan includes one seven (7) foot
area abutting 22 Muzzey St. and another eight (8) foot area on the other side.
No further comments or questions from the Public.
Mr. Cohen asked about the size of the dental practice. Mr. Smith stated that they have four (4)
treatment rooms on the first floor and two (2) more with a potential third on the second floor.
No further questions from the Board.
Mr. Smith expressed his excitement for the project and stated that his client has expressed a
willingness to invest and refresh the historic property. Mr. Smith stated that the property keeps
with the character of the business and the layouts of the adjacent parking.
At 816 p.m., Mr. Clifford moved to close the Hearing.
At 8:16 p.m., Mr. Barnert seconded Mr. Clifford.
At 8:16 p.m., the hearing closed (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N.
Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger – Yes).
Mr. Clifford stated that he had noted three conditions during the discussion. Mr. Clifford then
began discussing potentially adding a condition of parking hours. Ms. Wilson stated that the
additional parking lot would provide a benefit as people would not have to use street parking.
Ms. Wilson asked why the Board would prohibit parking out of regular hours. Mr. Barnert stated
that as a privately owned parking lot, it would serve the customers of the dentist. Ms. Krieger
stated that the owner can come back and ask for a special permit to change the hours and that
parking will occur there without some kind of special preparation. Ms. Wilson asked if the
restriction would only apply to commercial purposes. Ms. Krieger stated that regulating parking
would protect the abutter. Mr. Clifford expressed his concern about approved residential units in
downtown Lexington that would come without parking capabilities. Mr. Clifford then stated that a
market could develop for people who live in downtown Lexington but do not have a place to put
a car, which may result in overnight parking storage in a commercial facility. Mr. Barnert stated
that they would have to return to the Board for that, to which Mr. Clifford stated that a change in
use would occur. Mr. Clifford asked the Board about their opinions on parking hours. Ms. Krieger
suggested 7:00 a.m. to 9:00 p.m., to which the rest of the Board agreed. Mr. Osten noted that
the property does not have a parking lot light that may irritate the neighbors, so 7:00 a.m. to
9:00 p.m. would prevent the irritant. Mr. Clifford then suggested having snow storage primarily at
the rear of the lot while recognizing that some will end up along the side. Ms. Krieger asked if
Mr. Clifford intended to have the snow storage area adjacent to 22 Muzzey St. marked as
landscaping or grass. Mr. Osten agreed with having the snow placed at the rear of the lot to the
extent feasible. Mr. Clifford then discussed pavement and stated that they do not have a design
for the lot and that he does not see how they will get parking spots labeled. Mr. Clifford then
noted that the parking lot has sufficient size to satisfy the parking need for the facility. Mr.
Clifford then stated that any paving and water discharge must meet the satisfaction of the
building commissioner.
No further discussion from the Board.
At 8:23 p.m., Mr. Clifford moved to waive the requirement for a proposed certified plot plan.
At 8:23 p.m., Mr. Barnert seconded Mr. Clifford.
At 8:23 p.m., the Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in
abstention to waive the certified plot plan requirement (a roll call vote took place: Ralph D.
Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and
Jeanne K. Krieger – Yes).
At 8:23 p.m., Mr. Clifford moved to grant the petition subject to the three discussed conditions.
At 8:24 p.m., Mr. Cohen seconded Mr. Clifford
At 8:24 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, 135-5.1.11, & 135-5.1.13.1D to allow
for the driveway/maneuvering aisle and the parallel parking to be located closer than 20 ft. to
the residential district line & to allow a driveway for two-way use to have less than the required
18 ft. width required (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N. Barnert – Yes,
Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger – Yes).
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
August 13th, 2026, 7:00 p.m.
Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A.
Osten, and Associate Member Jeanne K. Krieger
Alternate Member: Jennifer L. Wilson
Other Business:
1. Minutes from the July 23rd, 2026, Meeting
At 8:24 p.m., Mr. Clifford moved to approve the minutes.
At 8:24 p.m., multiple Board members seconded Mr. Clifford.
The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to
approve the minutes from the July 23rd, 2026, Hearing (a roll call vote took place: Ralph D.
Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and
Jeanne K. Krieger – Yes).
Mr. Barnert expressed his concerns about the site visit protocol and noted the restrictive nature
of the protocol. Mr. Clifford stated that after consulting both authority and counsel, the Board
needs to get consent. Mr. Clifford stated that the form get reworked and that stated that the
Board cannot enter a property, subject or abutter, without consent. Mr. Barnert asked how the
zoning enforcement officer does site visits, to which Ms. Lawler stated that if she makes a site
visit to a property she schedules it with the property owner directly but that she takes photos
from the public way. Mr. Cohen stated his understanding of the site visits and highlighted some
potential problems. Mr. Clifford noted that the reworked form will alleviate some of the problems.
At 8:32 p.m., Mr. Clifford moved to adjourn the meeting.
At 8:32 p.m., Mr. Barnert second Mr. Clifford.
At 8:32 p.m., the Board voted to Adjourn (a roll call vote took place: Ralph D. Clifford – Yes,
Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Jeanne K. Krieger
– Yes).