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

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understanding of what the Bylaw means and therefore that does address a misuse or change in use in the equipment). An audience member, Thara Pillai, 53 Grant Street, asked how the Board would manage these types of issues with advanced technology in the future (Mr. Clifford stated he teaches cyber law and stated they are years behind in terms of legal response but they do the best they can). An audience member, Jim Shaw, Chairman of the Lexington Chamber of Commerce, read the handout received by the Board, which spoke in opposition of the permit application. Mr. Eric Michelson stated he came to support the building commissioner's decision. He then read an article that was handed out to the Board. An audience member, Pamela Lyons, 51 Grant Street, stated Chase has no presence in Lexington center. If we allow ATM's that will bring Chase bank to Lexington center. A banking function never leaves that retail space. Allowing Chase to come in will permanently remove another retail space. Mr. Baskin stated that if there is a sign that says Chase Bank and has facilities that allows banking business, it's a bank. It doesn't matter if it electronic bank or has tellers inside, it is still a bank. With 12 banks all within a 1-2 minute walk from each other, there is undue concentration of banks. The banks cannot participate in the Town events. It will not be visually engaging and the Building Commissioner made the correct call. Mr. Jerry Michelson read one part of the statement submitted from the Center Committee. Ms. Cemenska stated her husband uses a bank in California and she uses a local bank, Leader Bank. This is the modern Banking. Ms. Pillai stated she has worked in retail banking. The ATM Channel Manager is a critical role in a bank. The data insights you collect are mission critical for marketing, business development, understanding customers and how they bank. We are going to see more bank machines that we haven't even imagined yet that these bylaws are not going to cover. Massachusetts has one of the highest deposit areas per capita. An audience member, Elizabeth Ocean, 70 Woburn Street, stated no definition has been provided in the Bylaws as to what is an ATM and what is a Bank. The difference has been given to Zoning Board of Appeals to decide. An ATM is a bank and the words have become synonymous. As technology furthers they will become more synonymous. The Building Commissioner stated we spend a lot of time looking at Bylaws and these types of decisions because it is important to everybody. If you call the Building Department and ask an arbitrary question that is general we give you a good direction, but until you bring in plans we don't know. If we had seen the big picture the first time we were asked the use would have been clearly identified as a bank. The cost of work listed on the permit application was $367,000 for renovation of a building to create a bank. A bank is a building and an ATM is a machine. A machine might be something you see in a Dunkin Donuts or any retail establishment that can be picked up. We frequently go back and watch Town meetings to know what the town intended. We believe the town did not intend for a building to become a place that would call an ATM, they would have thought this was a bank. It is not prohibited, but it would require a Special Permit. Mr. Farrington stated there is a distinction between a bank and an automatic teller machine. They are not the same thing. The cost to renovate the building should not have any bearing on what it is. It's the same five lines in the zoning by law, so clearly the committee has considered