HomeMy WebLinkAbout2026-10-08-ZBA-min.pdf
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
October 8th, 2026, 7:00 p.m.
Board Members: Acting Chair – Nyles N. Barnert, Norman P. Cohen, James A. Osten, and
Associate Members Jeanne K. Krieger and Kathryn A. Roy
Administrative Staff: Olivia Lawler, Zoning Administrator, and EmmaJean Anjoorian,
Department Assistant
Address: 213 East Street (ZBA-26-16)
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 side yard
setback 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, Gross Floor Area
Calculation Form, Existing Conditions Site Plan, Original Proposed Addition Floor Plans,
Original Proposed Addition Elevations, Original Proposed Addition Framing Plans, Original
Proposed Addition and Driveway Site Plan, Plan D Variance Memo dated October 1 st, 2026,
Updated Certified Proposed Plot Plan dated October 5th, 2026, Updated Proposed Floor Plans
dated October 5th, 2026, Updated Proposed Elevations dated October 5th, 2026, Updated Gross
Floor Area Calculation Form dated October 5th, 2026, Updated Plan D Variance Memo dated
October 5th, 2026, and Abutter Support Letter
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 Conservation Director.
At 7:07 p.m., the Hearing opened.
Petitioner: Mallikarjun Sundaram Srivatsan
Mr. Mallikarjun Sundaram Srivatsan, 213 East St., began his presentation by stating that his
request entails a sixteen (16) foot one-car garage at the front of his house. Mr. Srivatsan
explained that his wife’s father has limited mobility and the house does not have a garage. Mr.
Srivatsan further explained that leaving the house involves helping his father-in-law through the
rain, snow, and ice, which has become increasingly more challenging as his father-in-law ages.
Mr. Srivatsan then stated that the one-car garage will have a width of sixteen (16) feet and a
depth of 26.4 four feet and will align with the house. Mr. Srivatsan further stated that the
proposed garage will use the existing driveway and will not intrude into the wetlands. Mr.
Srivatsan then explained that the garage will have an additional room above it that will connect
to the master bedroom. Regarding the setback, Mr. Srivatsan stated that while he understands
that he normally needs to have a fifteen (15) foot side yard setback, this configuration will have
a 7.4 and a 7.8 side yard setback.
Mr. Srivatsan then explained that he had considered other plans and that his initial plan for an
addition with a three-car garage and sunroom at the rear of the house currently stands before
the Conservation Commission. Mr. Srivatsan stated that the Conservation Commission did not
have an issue with the addition but did have an issue with the driveway that would access the
garage. Mr. Srivatsan then explained that he had also explored a two-car garage option and a
one-car garage option and stated that he sought to have a garage as minimal as possible while
still meeting his family’s needs. Mr. Srivatsan explained that he had looked at a fourteen (14)
foot wide garage but had determined that a fourteen (14) foot wide garage would not have
allowed enough room on the side for assistance. Mr. Srivatsan then stated that he had
concluded that a sixteen (16) foot wide garage would meet his family’s needs with a minimal
configuration. Mr. Srivatsan also noted that this would align with the 2010 ADA standards. Mr.
Srivatsan then continued by showing a site plan with the proposed one-car garage and two-
story addition. Mr. Srivatsan stated that the garage would have a sufficient front yard setback
and that he only requires a variance for the side yard setback and that the two-story addition
currently stands in front of the Conservation Commission. Mr. Srivatsan then explained that the
original plan for a three-car garage required the driveway to intrude into the wetland buffer zone,
which the Conservation Commission would not have approved. Mr. Srivatsan then explained
that he had considered putting a two-story garage to the side, but that garage would have
required cutting down two mature trees and a driveway that would have had a larger slope than
the allowed twelve (12) degree slope. Since the three-car garage and the two-car garage would
not work, Mr. Srivatsan state that that’s what led to the sixteen (16) foot garage. Mr. Srivatsan
further elaborated that the three-car garage would have required them to cut down about
sixteen (16) trees on the left side, whereas the one-car garage only requires them to cut down
four (4) trees. Mr. Srivatsan then noted that he has presented a restoration plan to the
Conservation Commission, which they expressed their approval for. Mr. Srivatsan then stated
that in total, the project will result in a house with a 5,200 sq. ft. gross floor area. Mr. Srivatsan
further stated that their neighbors had reviewed the plan and expressed their approval for the
project. Mr. Srivatsan then summarized his request by reiterating that the lot has wetlands in the
back and a steep grade on either side which limits where he can put the garage. Mr. Srivatsan
then stated that him and his family will face a substantial hardship if they do not have the garage
and that a minimal, modest one-car garage will not cause any detriment. Mr. Srivatsan
concluded by reiterating that he only needs the variance for the side yard setback, not for the
front yard setback or the height, and requested that the Board grant the variance so that he can
have a garage to help with the elderly resident who resides at the house.
Mr. Cohen asked if the Board needed to act on the driveway. Mr. Barnert said no and that the
driveway will not reside within five (5) feet of the property line. Mr. Srivatsan explained that he
originally needed Conservation Commission approval for the driveway at the back, but now that
he plans to keep the driveway in the front, he does not need any approval for it. Mr. Srivatsan
reiterated that he only needs the variance for the side yard setback. Mr. Cohen then asked
where Mr. Srivatsan stands with the Conservation Commission. Mr. Srivatsan explained that he
currently has a continuance with the Conservation Committee. Mr. Srivatsan then stated that
since the Conservation Committee would not approve the driveway in the back, they suggested
that he come before the ZBA and then return to the Conservation Commission. Mr. Srivatsan
elaborated that should the ZBA grant the one-car garage, he will return to the Conservation
Commission and inform them that he does not need the three-car garage or rear driveway.
Mr. Osten asked Mr. Srivatsan how he plans to assist his father-in-law from the garage to the
house. Mr. Srivatsan explained that he plans to have the garage and the sunroom on the same
level, and that the sunroom will connect to the house.
Ms. Roy asked if the sunroom would intrude onto conservation land. Mr. Srivatsan stated that he
would have a minimal thirty-nine (39) square foot incursion into the fifty (50) foot wetland buffer
zone. Mr. Srivatsan then noted that he plans to remove the shed and the vegetable garden at
the back of the property to offset the incursion. Mr. Srivatsan noted that the Conservation
Commission seems okay with the minimal incursion and that he would adjust the plan if they did
not. Ms. Roy then asked why Mr. Srivatsan plans to put a level above the garage. Mr. Srivatsan
explained that the house’s configuration results in a constrained master bedroom and stated
that the additional level above the garage would give him a little more space.
Ms. Krieger stated that she would have preferred to see a drawing that showed how the garage
would fit and the height of the new structure relative to the house since Ms. Krieger recalled that
the right side of the house appears to have one and a half (1 ½) stories and the left side has two
(2) stories. Ms. Krieger then asked if the structure would extend out to the one and a half (1 ½)
story side and asked about the structure’s height relative to the rest of the house. Mr. Srivatsan
explained that per the architect’s plans, the structure would match the existing height of the
building and that he would not extend beyond the elevation of the existing house. Ms. Krieger
then asked about the elevation of the completed new structure. Mr. Srivatsan stated that while
he does not have an exact number, the structure will match the elevation of the existing dwelling
and will remain well within the permissible limit. Mr. Srivatsan noted that he does not need a
variance for the height. Ms. Krieger expressed her concern and stated that if Mr. Srivatsan did
not add on the second level, the garage would have a lower height and would result in less of
an intrusion from the neighbor’s perspective. Ms. Krieger stated that she would have preferred
to see the garage drawn out in a bit more detail. Mr. Srivatsan stated that per his architect, the
structure’s elevation would match the current elevation. Ms. Roy agreed with Ms. Krieger on the
importance of seeing the full drawings.
Mr. Barnert stated that Mr. Srivatsan had provided a justification for the garage in the setback
area but had not provided justification for the living space in the setback area. Mr. Barnert then
asked Mr. Srivatsan what areas of the variance require him to have a living space in the setback
area. Mr. Srivatsan explained that the house has three bedrooms and that he needs a little more
space. Mr. Barnert asked if he could put that living area anywhere else on the property. Mr.
Srivatsan stated that he does not have another area to put the living space with the way the
house is structured and the extensive wetlands in the back. Ms. Krieger asked to see the floor
plans, and Ms. Roy asked if the driveway would have to slope down to reach the garage. Mr.
Srivatsan stated that the driveway would only drop minimally. Ms. Krieger noted that the Zoning
Bylaw has a limitation on the slope of a driveway. Mr. Srivatsan stated that the garage will not sit
much lower than the existing level. Ms. Roy noted that on her site visit, the driveway did not
appear to go as far as the house. Mr. Srivatsan stated that the structure would adjoin level to the
right side of the house.
No further questions from the Board.
No further comments or questions from the Public.
Mr. Osten noted that per the new variance standards, achieving the benefit in a more compliant
way would disfavor the variance. Mr. Osten continued by stating that while he believed that the
arguments made had determined that the garage could not reside elsewhere on the property,
the arguments made had not established that the living area above the garage could reside
somewhere else. Mr. Osten stated that the Board would need to establish whether the living
area could achieve its benefit in a more compliant way and then asked Mr. Srivatsan if he could
put the living area in another way. Mr. Srivatsan stated that he believed that he could not add
the living area to the house in any other way. Mr. Srivatsan stated that they had looked at other
configurations, had discussed the project with the architect, and then stated that this is the only
configuration that they came to. Mr. Barnert asked Mr. Srivatsan if he could add the living area
to the left of the proposed two-story addition. Ms. Roy then stated that while Mr. Srivatsan could
not extend the master bedroom any other way, the extension would impose into the setback. Mr.
Barnert then asked Mr. Srivatsan if he could extend his two-story addition to the left. Mr.
Srivatsan stated that he could decrease the size of the living area and reiterated that the
architect believed that the area above the garage served as the only location to put the living
area. Ms. Roy stated that if Mr. Srivatsan extended the two-story addition to the right then he
would not need the second story above the garage. Mr. Srivatsan stated that a tree resides
there, and Mr. Barnert stated that they could only extend eight (8) inches to meet the setbacks.
Mr. Barnert noted the Board’s concern about the living area above the garage and asked if the
Board should conduct a straw vote. Mr. Barnert explained to Mr. Srivatsan that a straw vote acts
as a non-binding vote to see where the Board stands on the proposal and if the straw vote
indicates that the Board will not approve the proposal as it stands, Mr. Srivatsan can go back to
his architect to reconfigure the plan. Mr. Srivatsan clarified that the Board could approve the
garage but has concerns with the living area above the garage, which Mr. Barnert confirmed.
Mr. Srivatsan suggested only extending the living area out eight (8) feet instead of sixteen (16)
feet and asked if the Board would approve that. Ms. Krieger stated that she would prefer to see
a drawing of what that proposal would look like and stated that she would like some clarification
on the height of the room above the garage relative to the street. Mr. Barnert suggested that Mr.
Srivatsan take a continuance so that the architect could provide the Board with some elevation
drawings. Mr. Srivatsan stated that he would meet with his architect to get elevation drawings
and drawings that showed a decreased living area that did not intrude into the setback. Mr.
Barnert asked Mr. Srivatsan how soon he could get the drawings, to which Mr. Srivatsan stated
that he could have them by the next meeting.
No further questions from the Board.
At the applicant’s request, at 7:36 p.m., Mr. Barnert moved to continue the hearing to the
October 22nd, 2026 Hearing.
At 7:36 p.m., multiple Board members seconded Mr. Barnert.
At 7:37 p.m., the Board of Appeals voted to grant a continuance to the October 22nd, 2026
Hearing (a roll call vote took place: Nyles N. Barnert – Yes, Norman P. Cohen – Yes, James A.
Osten – Yes, Jeanne K. Krieger – Yes and Kathryn – Yes).
Meeting Minutes of the Lexington Board of Appeals
Conducted Virtually, Via Zoom
October 8th, 2026, 7:00 p.m.
Board Members: Acting Chair – Nyles N. Barnert, Norman P. Cohen, James A. Osten, and
Associate Members Jeanne K. Krieger and Kathryn A. Roy
Administrative Staff: Jim Kelly, Building Commissioner, Olivia Lawler, Zoning Administrator,
and EmmaJean Anjoorian, Department Assistant
Other Business:
1. Minutes from the September 24th, 2026, Meeting
At 7:38 p.m., Mr. Barnert moved to approve the minutes from the September 24th, 2026,
Meeting.
At 7:38 p.m., multiple Board Members seconded Mr. Barnert.
At 7:38 p.m., the Board of Appeals voted to approve the minutes from the September 24 th,
2026, Meeting.
The Board of Appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to
approve the minutes from the September 24th, 2026, Hearing (a roll call vote took place: Nyles
N. Barnert – Yes, Norman P. Cohen – Yes, James A. Osten – Yes, Jeanne K. Krieger – Yes and
Kathryn – Yes).
At 7:38 p.m., Mr. Barnert moved to adjourn the meeting.
At 7:38 p.m., multiple Board Members seconded Mr. Barnert.
At 7:38 p.m., the Board of Appeals voted to adjourn (a roll call vote took place: Nyles N. Barnert
– Yes, Norman P. Cohen – Yes, James A. Osten – Yes, Jeanne K. Krieger – Yes and Kathryn –
Yes).