2007-01-25-ZBA-min - Laserfiche WebLink

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January 25, 2007 Minutes 3 Approved Minutes Lexington Zoning Board of Appeals January 25, 2007 (Continued from December 14, 2006) Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Associate Martha Wood. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Also attending this hearing was Town of Lexington Legal Council, Kevin Batt. Petition Address: 27 Muzzey Street The relief sought is to amend a special permit to allow use as a corporate office. Before the hearing was continued Attorney DiMarco asked the Chairman to delay the hearing until after hearing 15 Belfry Terrace to allow time for an Attorney to arrive. The Board agreed. Prior to the original hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Administrator, Planning Board and Historic District Commission. Comments were received from the Planning Department and the Zoning Administrator. The Chairman started the continued hearing at 8:10 PM. The hearing was continued from December 14, 2006 for reasons including: • To allow the board to receive information on whether the parking in Lot A is allowed. • To receive a landscape and parking plan that has been reviewed by the Design Advisory Committee (DAC). • To receive proof of the lease arrangement between dentist tenant and the neighborhood business that is leasing parking to him. Attorney Roberto DiMarco presented the petition for Peter Feinmann, the potential buyer of the property. Attorney Pamela Brown was present for the current owners of the property, Seta and Mike Kalajian. The petitioner notified Board of Appeals staff that he was unable to reach the appropriate members of the DAC in order to set a meeting to review the parking and landscaping plan as requested by the Board. At the hearing Mr. DiMarco presented to the Board the floor plan for the Dentist office along with a letter from Brett W. Davis, DMD, P.C. stating the parking arrangement they have with Donald Weikert of 24 Muzzey Street. The board stated the parking lot legality is still an issue. Attorney DiMarco felt since the lot had been used as a parking lot for over ten -years and that would make it allowable under statue of limitation that protects