2009-06-25-ZBA-min - Laserfiche WebLink

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BOA Meeting, June 25, 2009 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 25, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 1666 Massachusetts Avenue, Map 48, Lot 30A Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, Historic District Commission Clerk, Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:57 pm by reading the legal notices and described information received from the petitioner relative to the petition. Letters of support were received from Sundial Bookstore, the past tenant of the building; Sharon Spaulding of Spaulding Management and MaryJo Bohart of the Lexington Chamber of Commerce. Colin Smith, owner of the business, his Attorney Howard Levin, and Sharon Spaulding, Principal at Spaulding Management presented the petition. The applicant seeks a variance in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -16A, Table 1: Permitted Uses and Development Standards, Part B, Section 6.21 to allow a street level office in the CB zoning district. Mr. Smith is presently an occupant in the building and is looking for a larger space. Attorney Levin explained the need for the Dimensional Variance's hardship as to the size and shape of the building and the unit being away from the streetscape. The door to the unit is not visible from the street. When asked by the Board why this was not a use variance Attorney Levin explained his interpretation of 6.1 and 6.2 of the development standards and his reasoning of why it is a dimensional issue. 6.1 allows the use, 6.2 does not allow the use at street level. His question to the Board is to determine what is the concept of street level. The Board discussed further the allowed uses under the by law use sections 6.1 and 6.2 for the Center Business District and the intent of the language.