2006-10-12-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals October 12, 2006 Present: Acting Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Associate Daniel A. Lucas. Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 7 -11 Massachusetts Avenue The relief sought is for a Modification of an existing Variance to allow permission to park up to 35 vehicles on the premises on an overnight basis. The Chairman opened the hearing at 7:45 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Administrator, Planning Board and Development Review Team. The Building Commissioner referred to notification of zoning violations to the Petitioner. Conservation wrote a letter with recommendations not to grant the modification and the Zoning Administrator submitted background information relative to the petition. An abutter submitted photographs of various cars and tow trucks parking on town owed property. Attorney William Dailey presented the petition for the owners of the property, Mr. and Mrs. Malcom Kilikian, by presenting a background of the 40 -year old business. They are seeking permission to park up to 35 vehicles on the back lot by the bike path on an overnight basis. Mr. Kiljikian has a contract with the Town of Lexington for towing. He stated that this was the only place in Lexington that he was aware of that stores towed vehicles. Attorney Dailey presented the Board with a 2006 Revised Master List of Discarded Vehicles and a list of vehicles from the State Police. He spoke of three groups of cars stored at Mal's: wrecked cars from accidents, police towed vehicles and abandon cars. Attorney Dailey explained the problems and the laws pertaining to discarding these vehicles. Maura Sheehan asked what are the Capies on the Revised Master List? They are abandon vehicles. Was the environmental report also signed off with Conservation? The Order of Condition from Conservation will be taken care of by the petitioners. John McWeeney asked if Mal's had any agreement with the MBTA for the Right of Way? The answer was no. Mr. McWeeney said there were over 100 cars and trucks there yesterday, how do they know which ones will go? A lot of them would be gone over night; the rest of them would be moved to the rear of the property. Attorney Dailey said if you went down there