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Board Chair, Ralph D. Clifford, questioned the purpose and intended use of the deck. (Exiting <br />and entering, and easier access for elders.) <br />Mr. Clifford questioned why the deck cannot be made smaller to fit inside the setback while <br />allowing ingress and egress if that is the only intended use. Mr. Clifford requested that the <br />Applicant disclose if there are any other proposed uses of the deck. (It is larger in order to fit <br />and preserve the tree and to also allow ventilation pipes to be circumvented properly and safely) <br />Mr. Clifford questioned if the existing pipes previously mentioned extend further than the 7 ft <br />setback. (Yes) <br />No further questions from Board. <br />Lucia Berger, 50 Forest Street, stated her support of the deck and emphasized that as the <br />property owner directly affected by this proposal, she does not feel like she would be any more <br />cramped or crowded if this deck was built. <br />No further comments or questions from audience <br />Mr. Dalvi summarized that the revisions provided have considered all concerns previously <br />raised. The deck proposal is smaller and reasonable while providing additional safety to their <br />elder parents. He requested a straw poll. <br />A Straw Poll was taken. No Member indicated an intent to vote No. <br />The Applicant agreed to move forward with an official vote. <br />Hearing was closed at 7:36 PM. (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. <br />Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) <br />No further discussion from Board. <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) 135-9.4 and 135-8.4.2 to allow modification of a non-conforming structure.