2023-03-23-ZBA-min - Laserfiche WebLink

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will address the Towns need for diversified housing options by allowing the owners parents to age in place. Chair, Ralph D. Clifford, questioned the compelling hardship for the Variance (The owners would not be able to afford the opportunity to provide living space for their parents). Alternate Member, David Williams, reminded the applicant the path on the right of way is conservation land. There were no questions or comments from the audience. There were no further questions from the Board. The Hearing was closed at 7:22 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). Mr. Clifford stated he has qualms about the variance. It is a substantial house that is economically viable in its current shape. This Variance is not minor, it will add 8ft to the height of house. A Board Member, Nyles N. Barnert, stated due to the abandoned road next to the property he feels the proposal is not a big deal. Mr. Clifford again questioned the compelling hardship. Mr. Barnert stated there is no way to have this family live there. 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 grant a withdrawal of a 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 (Schedule of Dimensional Controls) to allow 3 stories instead of the allowed 2.5 (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). The Board of appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.3.1 to allow a height of 37.1' instead of the allowed 26.8' (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – 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) section(s) 135-9.4 and 135-8.4.2 to allow modification to non-conforming structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes).