ROXBURY — The Zoning Commission, meeting Monday, July 12, approved a draft revision of its zoning regulations regarding nonconformity and moved to hold a Public Hearing on the proposed changes on Monday, September 13.

The original intent was to revise regulations for barns, especially historic barns, but it quickly became apparent more was needed, Chairman James Conway said.

Commissioner Kim Tester, who had volunteered to work on drafting the changes, said she quickly found that a lot of information was scattered through the section. It made sense to go back and make changes so as to clarify the entire section and make it more clear.

The work was prompted by a recent application to amend the regulations by Anna Carter of 5 Chalybes Rd. After reviewing her proposed text amendments, the Zoning Commission voted on Monday, June 14, to deny the petition regarding nonconforming barns, deciding it would prefer to write its own changes.

The new draft would limit expansion of a non-conforming building to no more than 25% of the footprint; any expansion would have to be done to the rear of the building. No habitable space would be allowed in any non-conforming area.

The commission later voted to go into executive session with Attorney Gail McTaggart to discuss litigation regarding the Carter property at 5 Chalybes Rd.

Zoning Enforcement Officer John Cody has previously reported that the Carters had begun work on the barn without a permit. They then went to ZBA for a variance, which was denied. They then continued work on a dormer.

Mr. Cody has said the action to put up the dormer after being denied by ZBA was a blatant disregard of regulations. He said there had been an agreement with the Carters to remove the dormer and then they chose not to remove it.

Attorney McTaggart said there had been no formal agreement with the applicant. She suggested the commission move into executive session to continue discussion.

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