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arate lot from the main building and whichever way that decision went, they would also have t» decide if “the building there [can] be enlarged to become what’s planned. ”
Attorney Douglas Baumgardner, representing Mrs. Eagle, who was not present at the Tuesday night meeting, said that the town’s zoning ordinance did provide for enlarging a non-conforming structure if the addition complied with the zoning ordinance.
Town BZA member Charlie Eldred said the intent of the ordinance was not to increase its “nonconformity. If you increase the volume of this building, you are increasing the violation of the setback upward.”
Chairman Peter Skowronski agreed, saying, “You intrude on your neighbor more the higher your structure goes.”
Mr. Eldred suggested a higher building could be approved if it were made smaller in other dimensions so the overall cubic volume was not increased.
Member Mitzi Young said, “It seems to me this lady is wanting to have her cake and eat it too. She hasn’t changed it at all except to temporarily remove some plumbing.”
“Isn’t that speculative?” Mr. Baumgardner asked.
Mr. Eldred said, “The building that stands presently is no accessory building. It is the main building as far as that lot is concerned, however, it is a lot designed for accessory uses.”
Mr. Eldred’s motion to overturn Mr. McCarthy’s decision passed unanimously.
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