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2023-03-23-ZBA-min
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2023-03-23-ZBA-min
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2023
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Town Clerk
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Minutes
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will address the Towns need for diversified housing options by allowing the owners parents to <br />age in place. <br /> <br />Chair, Ralph D. Clifford, questioned the compelling hardship for the Variance (The owners would <br />not be able to afford the opportunity to provide living space for their parents). <br /> <br />Alternate Member, David Williams, reminded the applicant the path on the right of way is <br />conservation land. <br /> <br />There were no questions or comments from the audience. <br /> <br />There were no further questions from the Board. <br /> <br />The Hearing was closed at 7:22 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman <br />P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). <br /> <br />Mr. Clifford stated he has qualms about the variance. It is a substantial house that is <br />economically viable in its current shape. This Variance is not minor, it will add 8ft to the height of <br />house. <br /> <br />A Board Member, Nyles N. Barnert, stated due to the abandoned road next to the property he <br />feels the proposal is not a big deal. <br /> <br />Mr. Clifford again questioned the compelling hardship. <br /> <br />Mr. Barnert stated there is no way to have this family live there. <br /> <br />There were no further comments from the Board. <br /> <br />The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to <br />grant a withdrawal of a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the <br />Code of Lexington) section(s) 135-9.2.2.2 and 135-4.1.1 Table 2 (Schedule of Dimensional <br />Controls) to allow 3 stories instead of the allowed 2.5 (a roll call vote was taken: Ralph D. <br />Clifford– Yes, Norman P. Cohen– Yes, James Osten – Yes, Martha C. Wood – Yes and Nyles N. <br />Barnert – Yes). <br /> <br />The Board of appeals voted four (4) in favor, one (1) opposed, and zero (0) in abstention to <br />grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of <br />Lexington) section(s) 135-9.2.2.2 and 135-4.3.1 to allow a height of 37.1' instead of the allowed <br />26.8' (a roll call vote was taken: Ralph D. Clifford– No, Norman P. Cohen– Yes, James Osten – <br />Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). <br /> <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) section(s) 135-9.4 and 135-8.4.2 to allow modification to non-conforming <br />structure (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, James <br />Osten – Yes, Martha C. Wood – Yes and Nyles N. Barnert – Yes). <br /> <br /> <br /> <br />
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