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

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January 25, 2007 Minutes 4 structures. Attorney DiMarco stated that case law outside of Massachusetts exists, which protects a parking lot. Attorney Batt clarified issues related to legal use of Lot A as a parking lot and stated that Lot A is not protected by a statute of limitations since a parking lot is not considered a structure and therefore not afforded the same protection Attorney Batt indicated that case law outside of Massachusetts was not relevant in settling the issue, and further indicated that he was not aware of any applicable Massachusetts case law that would support Attorney DiMarco's position. Attorney DiMarco indicated that the lot currently has catch basins. Attorneys agreed that the catch basins may possibly be considered a structure, however, the legality of Lot A as a parking lot would not be changed by the existence of catch basins alone. Attorney Batt requested Attorney DiMarco provide the case law citations that he mentioned regarding treatment of a driveway as a structure. The Board discussed whether the issue of use and parking could be taken separately. Attorney Batt advised the Board they could take the two questions before them separately. The Board could approve the special permit to modify the use of the building and then address the legality of the parking lot as a different matter. However, Attorney Batt recommended that the Board base its decision on the appropriate section of the by -law and make sufficient findings of fact. After further discussion, the hearing was continued until March 8, 2006 at 7:45 pm to allow the petitioner to go before the DAC to get the parking and landscape plan reviewed. David George requested that the petitioner seek a constructive grant waiver for at least one month so that the decision can be processed within its proper deadline. OTHER BUSINESS Zoning Administrator, David George, reported to the Board that legal counsel representing the owner of 7 -11 Massachusetts Avenue had not filed their variance with the Registrar of Deeds in Cambridge. Mr. George also indicated that he had spoken with legal counsel and understood that they were not comfortable with a condition of the variance, which sought fleet reduction and instead proposed the following condition in substitution of the decision filed with the town clerk on December 11, 2006.: "no tow trucks will be parked in the lot overnight. conditions the board indicated that it was agreeable to substitution of the one condition only through a modified variance. However, the Board discussed that there is a concern with the number of tow trucks and number of cars stored on the lot. On a motion by Nyles Barnert and seconded by Arthur Smith the Board voted individually (Martha Wood, yes; John McWeeney, yes; Arthur Smith, yes; Judith Uhrig, yes; and Nyles Barnert, yes) to go into Executive session and not return to discuss the impact of a recent finding regarding buildable lots and cases. Submitted by Dianne Cornaro, Clerk