2005-06-23-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Commissioner Martha C. ood sitting for Arthur C. Smith. Petition Address: 1728 Massachusetts Avenue The relief sought is to overturn an allowable use decision made by the Zoning Enforcement Officer. The Chairman opened the hearing at 7:45 PM by reading the legal notice and described information received from the Petitioner relative to the Petition and a letter from the Zoning Enforcement Officer explaining his decision. There were no comments from any Board or Commission other than the Zoning Enforcement Officer. Stephen Honton presented the petition and a brochure explaining his business. Questions /Comments from the Board: Judy Uhrig: How long are your clients there? Answer: 70- minute sessions. How many parking spaces: None Nyles Barnert: Do you have a curriculum? Answer: There are both classes and a school of education. Do they sign up for a period of time? Answer: Yes Martha Wood: In your brochure it states the National Program is headquartered in Arizona. Answer: Yes, that is right. Judy Uhrig: What is the total population of clients? Answer: In any day there will be a mix of about 40 people. Martha Wood: How many days per week are you looking at? Answer: Monday thru Friday and sometimes on Saturday and Sunday. Martha Wood: Hours of operation: Answer: 10 am - 9 pm. Maura Sheehan: There has been a problem with this property in the past where it is not compliant to the Disabilities Act and it must be renovated to come under the act. Has anyone talked with you about this? Answer: No, it was not in the negotiations. Deitra Nieuman, Broker, answered that the space is less than 25% of the building and she thinks that comes below the requirement for the Disabilities Act. Martha Wood: Do your clients receive a certificate at graduation? Answer: No John McWeeney: Would you have a problem if we put a limit on how many people at the facility at once? Answer: If that is what the Board wants.