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2021-05-13-ZBA-min
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2021-05-13-ZBA-min
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Mr. Clifford stated the swimming pool has not had a certificate of occupancy form the Town. He <br /> imposed a condition that if the decision is made to retain the pool is has to be inspected (Yes). <br /> There were no questions from the audience. <br /> There were no further questions from the Board. <br /> Mr. Johnson stated they wish to do something more aesthetic and are fine with the conditions. <br /> The Hearing was closed at 7:16 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. <br /> Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). <br /> Mr. Clifford stated the plot plan changed so plot plan waiver is needed. He stated this request is <br /> for a variance but questioned if it could be stepped down to be a Special Permit. There is no <br /> further encroachment. The house is non-conforming because the original variance was only <br /> granted for 7.5 ft and it was built out to 1.5 ft. <br /> The Board agreed this should be considered a Special Permit. <br /> The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to <br /> consider this request as a Special Permit (a role call was taken: Ralph D. Clifford —Yes, <br /> Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert <br /> —Yes). <br /> Mr. Clifford reviewed the three conditions. All fixtures on town land be removed and be restored <br /> to its nature conditions. The two sheds are to be removed. If the pool is retained it will be <br /> properly permitted and inspected. <br /> The Board agreed with the conditions. <br /> There were no further comments from the Board. <br /> The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to <br /> waive the requirement for a certified plot plan (a role call was taken: Ralph D. Clifford —Yes, <br /> Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert <br /> —Yes). <br /> The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to <br /> grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of <br /> Lexington) section(s)135-93.4 and 135-8.4.2 to allow modification of a non-conforming structure <br /> in accordance with the submitted plans (a role call was taken: Ralph D. Clifford —Yes, Jeanne <br /> K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). <br />
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