2016-03-24-ZBA-min - Laserfiche WebLink

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BOA Meeting March 24, 2016 8 The Chairwoman stated that she understands the bike path is a public way. She also doesn’t regard this as a storefront as it has very little frontage on the public way. She suggested adding to the permit a condition that it runs for a length of five (5) years. In five (5) years the applicant would come back and ask for an extension of the permit. A Board Member (Mr. Wells) asked if it would be wheelchair accessible (the rear door could be made accessible but is currently not). A Board Member (Mr. Williams) stated that there will be no change with how her clients are accessing the building. A Board Member (Mr. McCarthy) asked if they were a non-profit organization (No). Mr. Andrew Pearlman a real estate broker of 4 Emily Lane, Peabody, Massachusetts, spoke. He stated that for over twenty (20) years, the space has been used as an office setting. It would be difficult to use the space for a retail client. There is no window space to speak of and they would be hard pressed to put in a retail. The landlord has no intention of changing the building structure. With how the space is configured, it would be tough to have a retail establishment. A Board Member (Mr. Williams), expressed that another destination businesses might be better in that space. Mr. Pearlman stated that it would be a better office setting. Mr. Michaelson with the Center Committee spoke again. He stated that they had an accessibility discussion. He asked how a building would become ADA compliant. Mr. Whittmore answered that the Massachusetts Access Code is a building code and is set by the value of the building. If you are doing up to a certain amount of work on the building, then you are required to provide other accessory items (bathroom, etc.). In this case, there have been no changes to require this. Chairwoman asked if the applicant had concerns with adding the condition that at the end of the five (5) years, they could go before the board again and seek an extension. The applicant asked if special permit goes with the land or the person (the land). The Chairwoman closed the hearing at 8:36 PM. On a motion by Mr. Nyles Barnert and seconded by Mr. Edward McCarthy, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification (addition) to a nonconforming structure with the following conditions: That the special permit be granted for 5 years and that the requirement of a plot plan be waived. Submitted by: Jennifer Gingras, Administrative Clerk