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HomeMy WebLinkAbout2026-08-27-ZBA-min.pdf Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom August 27th, 2026, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Thomas Shiple Alternate Member: Scott E. Cooper Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 124 Grant Street (ZBA-26-13) The petitioner is requesting ONE (1) SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-4.4.3 to allow more gross floor area than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Photographs, Sunroom Construction Plans, Gross Floor Area Calculation Form, Registered Deed Cover Page, Building Permit dated October 10th, 2002, and Existing Foundation Plot Plan 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 7:04 p.m., the Hearing opened. Petitioner: Rodolpho Moraes on behalf of Subu Magge Mr. Rodolpho Moraes, and his partner, Mr. Deive Docarmo, represented the homeowner of 124 Grant St., Mr. Subu Magge. Mr. Docarmo began his presentation by explaining that one of the property’s residents has allergies and that they want to build a porch that has almost the same square footage as the deck. Mr. Docarmo stated that they want to do this so that the resident can have a place where she can enjoy looking and feeling like she’s outside without getting hit with all the allergies. Mr. Docarmo clarified that they do not want to make the porch much larger than the actual deck and that they seek to keep the same footprint of the house while enclosing the deck. Mr. Docarmo concluded by stating that they will only add a small amount of square footage to the home and reiterated that the resident wants to enjoy the outside. Mr. Shiple clarified that Mr. Docarmo intends to maintain roughly the same footprint as the existing deck, to which Mr. Docarmo confirmed. Mr. Shiple then noted that the existing deck has an area of fifty-six (56) square feet and that the proposed porch will have an area of one hundred sixty (160) square feet. Mr. Docarmo stated that the proposed porch area will include the staircase and where the building ends, so he will keep the same building square footage. Mr. Shiple then asked Mr. Docarmo if he planned on altering the retaining wall, to which Mr. Docarmo said no. Mr. Shiple then asked about the distance between the retaining wall and the proposed porch, to which Mr. Docarmo replied that the proposed porch and the retaining wall have a distance of about twelve (12) to fourteen (14) feet between them. No further questions from the Board. Mr. Magge stated that they do not intend to alter the footprint of the home significantly and that they plan to create an enclosed space where they can spend more time in the backyard. No further comments or questions from the Public. Mr. Cohen asked if any neighbors had provided written public comment or if the neighbors had personally contacted Mr. Magge about the project. Mr. Magge stated that no neighbor had contact him. No further questions from the Board. At 7:13 p.m., Mr. Clifford moved to close the Hearing. At 7:13, Mr. Barnert seconded Mr. Clifford. At 7:13 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 Thomas Shiple – Yes). No further discussion from the Board. Mr. Barnert noted the reasonable nature of the proposal. Mr. Cohen assumed that no further violation would occur between the distance of the proposal and the abutters. Mr. Cohen then asked about the distance from the proposal to the rear property line and asked if the proposal resided too far back. Mr. Clifford stated that based on the plot plan submitted, the proposal resides a substantial distance away from the rear property line and stated that he does not believe that the retaining wall and the rear property line reside in the same place. At 7:14 p.m., Mr. Clifford moved to approve the petition. At 7:15 p.m., multiple Board members seconded Mr. Clifford. At 7:15 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 By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-4.4.3 to allow more gross floor area than otherwise allowed (a roll call vote took place: Ralph D. Clifford – Yes, Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, and Thomas Shiple – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom August 27th, 2026, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Thomas Shiple Alternate Member: Scott E. Cooper Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Address: 25 Maple Street (ZBA-26-9) The petitioner is requesting ONE (1) EARTH FILL & REMOVAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) Ch. 43-1 (Earth Fill and Removal) to allow 2,200 cubic yards of fill to be brought to the property. The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Preliminary Subdivision Plan Set, Certified Plot Plan Waiver Request, Source of Fill Certified Statement, Tree Study for Parcel 30-105, Tree Study for Parcel 30-106, Storm Water and Erosion Control Management Memo dated July 27th, 2026, Grading Plan, Erosion Control Plan, and Preliminary Subdivision Decision dated August 5th, 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 7:16 p.m., the Hearing opened. Petitioner: James Patnaude on behalf of Grand Central Suites LLC At 7:18 p.m., Mr. Clifford moved to grant a continuance to the September 24th, 2026, Hearing. At 7:18 p.m., multiple Board members seconded Mr. Clifford At 7:18 p.m., the Board of Appeals granted a continuance to the September 24th, 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 Thomas Shiple – Yes). Meeting Minutes of the Lexington Board of Appeals Conducted Virtually, Via Zoom August 27th, 2026, 7:00 p.m. Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Thomas Shiple Alternate Member: Scott E. Cooper Administrative Staff: Jim Kelly, Building Commissioner, and Olivia Lawler, Zoning Administrator Other Business: 1. Minutes from the August 13th, 2026, Meeting At 7:19 p.m., Mr. Clifford moved to approve the minutes. At 7:19 p.m., Mr. Barnert 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 August 13th, 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 Thomas Shiple – Yes). At 7:19 p.m., Mr. Clifford moved to adjourn the meeting. At 7:19 p.m., multiple Board members seconded Mr. Clifford. At 7:20 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 Thomas Shiple – Yes).