2021-05-13-ZBA-min - Laserfiche WebLink

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Mr. Clifford stated the swimming pool has not had a certificate of occupancy form the Town. He imposed a condition that if the decision is made to retain the pool is has to be inspected (Yes). There were no questions from the audience. There were no further questions from the Board. Mr. Johnson stated they wish to do something more aesthetic and are fine with the conditions. The Hearing was closed at 7:16 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). Mr. Clifford stated the plot plan changed so plot plan waiver is needed. He stated this request is for a variance but questioned if it could be stepped down to be a Special Permit. There is no further encroachment. The house is non-conforming because the original variance was only granted for 7.5 ft and it was built out to 1.5 ft. The Board agreed this should be considered a Special Permit. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to consider this request as a Special Permit (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert —Yes). Mr. Clifford reviewed the three conditions. All fixtures on town land be removed and be restored to its nature conditions. The two sheds are to be removed. If the pool is retained it will be properly permitted and inspected. The Board agreed with the conditions. There were no further comments from the Board. The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to waive the requirement for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert —Yes). The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s)135-93.4 and 135-8.4.2 to allow modification of a non-conforming structure in accordance with the submitted plans (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes).