2019-04-11-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room April 11, 2019 Board Members: Chair— Ralph D. Clifford, Norman P. Cohen, Martha C. Wood, David G. Williams, Jeanne K. Krieger Alternate Sitting: Nyles N. Barnert Administrative Staff: Jim Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 1734 Massachusetts Avenue The petitioner is presenting an APPEAL OF BUILDING COMMISSIONER'S DENIAL OF A BUILDING PERMIT, DATED FEBRUARY 15, 2019, which made the determiniation that the work description and plans described in the building permit application would be classified as a bank use and in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-3.1.6 and 135-3.4, Table 1 (Permitted Uses and Development Standards), would require a special permit. This appeal is made in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.3 The petitioner submitted the following information with the application: Nature and justification and floor plans. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator and Building Commissioner. Presenter: John Farrington, attorney and Joel Werrick, property owner The hearing opened at 7:54 PM. John Farrington submitted the petition by reading the letter that was submitted with the application. They are appealing the decision of the Building Commissioner to deny a building permit based on the determination that the use was a bank use, and required a Special Permit from the Zoning Board of Appeals. The property owner and building permit application contend that the use is for an ATM, which is an allowed use in the Lexington Zoning Bylaw. Chair, Ralph D. Clifford, stated that the Board will only be discussing whether the building application was for a bank use or ATM use. A Board Member, Norman P. Cohen, asked if it would be an ATM machine or ATM machines. Mr. Werrick stated two ATM machines and no cash deposits. It will occupy part of the space. Mr. Cohen asked if he walks in and something goes wrong what does he do (Mr. Werrick responded a similar thing can happen at Bank of America if you go after hours).