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

Browse Search

the automatic teller machines and made the decision to not change that in the bylaw. Getting rid of the bank offices and substituting with machines would serve the purpose of what several Town committees are trying to do. These committees need to go back to Town Meeting and amend the Zoning Bylaw. Identifying the facility as belonging to a bank doesn't establish that space as a bank office. Mr. Farrington stated that the definition of a Branch Bank office is, a facility with people that provides bank services. Mr. Farrington stated that it's important to follow the Zoning Bylaw as it is written, not as how we would like it to be written and they are asking the Board to follow existing bylaw language. Mr. Clifford stated the Massachusetts law is not helpful in terms of defining what a bank is. They are calling these individual things that we are dealing with branches. Maybe this is a branch. Mr. Clifford then referenced MGL Chapter 167 (c) (1), of an Electronic branch, this is some indication within our statutes that indicate we are dealing with at least a branch for a bank. Chapter 167 c section 12 make a big difference whether something is manned. This transforms from just electronic to being a full regular branch. Mr. Clifford explained that the question in front of the Board is if this proposal is an ATM or not. If it is an ATM the Board has no discretion and it would be allowed as a matter of right. The problem is that there is no definition in the Zoning Bylaw for an ATM. Three possible explanations of what town meeting meant when they said ATM were 1)it's possible the Town Meeting was focusing in on only electronic with no personnel; 2)to interpret ATM and ATMs, in which case you would be talking about just machines; and 3)talking about a single ATM machine. Ms. Krieger stated an ATM is singular she thinks of an ATM as a machine that is part of something else, not a stand-alone banking function. An ATM in some other type of establishment. Having a facility dedicated to an ATM is more than she would think of as just an ATM. Ms. Wood agreed with Ms. Krieger and stated that a singular ATM machine in an extremely small space may be okay, but this proposal does not seem appropriate at all and seems to be a bank. Mr. Cohen stated his opinion is that the proposal is for a bank. Mr. Clifford stated there seems to be a general consensus of the proposal. He then phrased a definition for consideration, a stand-alone machine that does banking functions is an ATM, and anything else is not. Meaning in this case it would be a bank. There was further discussion on what an ATM is and the definition. On a motion made and seconded, the Board voted to close the hearing at 9:16 PM. On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted 5-0, to adopt the definition of an ATM as used in Table 1, Line H.1.07, is a stand-alone machine that does banking functions. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 5-0, on UPHOLD THE DECISION OF THE BUILDING COMMISSIONER TO DENY A BUILDING PERMIT, DATED FEBRUARY 15, 2019, which made the determination 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. As a result the Applicant's appeal was denied.