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required in the garage were pushed back (a good amount more because of the slope of the yard <br />in that location. There is a retaining wall that would be removed and then earth removal to <br />create a flat surface for the garage.) <br />No further questions or comments from the Board. <br />No comments from the audience. <br />The Hearing was closed at 7:32PM. (a roll call vote was taken: Norman P. Cohen– Yes, James <br />A. Osten – Yes, Martha C. Wood – Yes, Scott E. Cooper – Yes, and Nyles N. Barnert – Yes). <br />Mr. Cohen asked to clarify if Historic Districts Commission approved the submitted plans. (Yes.) <br />Mr. Cooper questioned what relief the garage across the street received when their garage was <br />built in the setback. (Special Permit to rebuild a preexisting structure.) <br />No further comments from the Board. <br />The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention a <br />SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of <br />Lexington) section(s) 135-9.4, 135- 3.1.1.1, and 135-8.2.1 to allow for the alteration of a pre- <br />existing non-conforming use (a roll call vote was taken: Norman P. Cohen– Yes, James A. <br />Osten – Yes, Martha C. Wood – Yes, Scott E. Cooper – Yes, and Nyles N. Barnert – Yes).