2015-03-26-ZBA-min - Laserfiche WebLink

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2 Board of Appeals Minutes – March 26, 2015 No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 7:48 pm. Findings The Town of Lexington Zoning Board of Appeals (ZBA), having received the Board of Appeals’ Application for Hearing, viewed the site, conducted a public hearing, and reviewed all the submitted evidence, finds that: 1. Priscilla V. Turnquist and David A. Turnquist are the applicants and owners of property located at 321 Concord Avenue in the Town of Lexington. Said land is more particularly described in a deed recorded in the Middlesex South District Registry of Deeds Book No. 24757 and Page No. 492. 2. The land is situated in a zoning district classified under the Lexington Zoning By- law (Bylaw), CH 135 of the Code of the Town of Lexington, as RO (One-Family Dwelling). 3. Presently located on the site is a single family residential dwelling. 4. The principal structure is nonconforming with respect to the front-yard setback— 6.1 ft. instead of the required 30 ft. 5. As shown on the plans, submitted with or in information otherwise referenced in the application, the applicant seeks to remove the existing 4 ft. by 5 ft. uncovered porch and stairs, located at the right-side of the house, and replace with an 8 ft. by 10 ft. uncovered deck and stairs. 6. The proposed addition to the structure will result in an increase in the nonconforming nature of the structure. 7. The applicant applied to the Board for zoning relief under the applicable Bylaw sections, § 135-8.4.2 and §135-9.4, to allow the above listed work. 8. The Board finds that the proposed change, extension, or alteration will not result in a new nonconformity and will not be substantially more detrimental to the neighborhood than the existing nonconforming structure and further, that the Board finds that it can grant the special permit to modify a nonconforming structure because the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood with respect to each of the following criteria \[Note: Criteria in Italic, Finding in plain text\]: