2008-08-28-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 28, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Associate Member David G. Williams Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 700 Waltham Street, Map and Lot: 16 -48A The Chairman opened the hearing at 7:33 PM by reading the legal notices and described information received from the petitioner relative to the petitions. This hearing had been postponed from August 14, 2008 before it was opened. The relief sought is to renew a Special Permit to allow uses under previously granted permits to pick up and keep cars at the site. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Conservation Administrator, Health Department and the Zoning Administrator. Attorney William Dailey, Jr. presented the petition for the owner of the property and business, John P. Carroll. Presently, the site is used, in part, as a salvage /scrap yard. The lot consists of 23.6 acres with approximately 550 feet of frontage and is located in the RO zoning district. ZBA permits have been granted for certain uses at the site for approximately 38 years. The most recently approved permit was granted in 2003 with conditions. Attorney Dailey had requested that the special permit include the ability to receive scrap metal from the town (school lockers). The Chairman had advised Attorney Dailey that they would need to apply for a modification in the special permit to expand the use as one of the conditions of the special permit as granted is that they are to receive no other scrap metal other than automobiles. The Board asked if the petitioner also owned the parcel next to the golf course; no. One of the Board members was confused with the condition of the inspections and wanted to know if they had been done. There was a discussion as to condition 17 and the ability and willingness of the Board to change the condition to include scrape metal. Reginald Suresh of 26 Blossomcreast Road said he has never been opposed to the renewal of their special permit and he still is not, his only concern is with the enforcement of the conditions.