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HomeMy WebLinkAbout2006-01-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals January 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, John J. McWeeney and Associates John T. Gilbert and Daniel A. Lucas Petition Address: 27 Muzzey Street The relief sought is for a Special Permit for a change in use and substitution of non - conforming use to allow a feline medical facility. 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. There were no comments from any Board, Commission or Department. Hearing had been postponed from January 12, 2006. Attorney Pamela J. Brown presented the petition for Dr. Shawn Seitz. Owners of the property, Mr. & Mrs. Michael Kalajian and Architect Warren Freedenfeld were also present. Attorney Brown presented the history of the property explaining the use of the building since 1950 and that the use as a feline medical facility would be less imposing to the neighbors than the Hair and Bridal Salon that had been approved in 2005. Questions /Comments from the Board: Board questioned when and how the additional parking was added and questioned the legality of the use as a lot for parking. Two of the Board members had a problem with the use as a feline clinic in the CB District. Questions from the audience: Marilyn Alwan, 4 Raymond Street asked about the business that would be in the basement, what cat bordering would be done, how would the waste be handled and would they continue renting parking lot to others. The basement is used for business offices and the only bordering of the cats would be for overnight medical stays. The architect explained the upgrade of the proposed landscaping and where the dumpster would be located. They do not intend to rent the parking lot to anyone else; it will be for this business only. Outside light issues were discussed. Theresa Cronin, 107 Waltham Street concern is with the lack of privacy for the neighbors. Marilyn Alwan, 4 Raymond opposed parts of the petition. No one spoke in favor of the petition. Hearing was closed at 8:12 pm. Discussion: Two of the Board members had issues with the use of the building as a feline medical facility and John McWeeney questioned the legality of the additional parking lot. After a lengthy 2 discussion it was brought to the petitioner to continue hearing until March 9, 2006 to give the petitioner the opportunity to speak with the Planning Board regarding the parking. On a motion by Daniel Lucas and seconded by John McWeeney, the board voted 5 -0 to grant the continuance until March 9, 2006 at 7:45 PM. Submitted by: Dianne Cornaro, Clerk 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals January 26, 2006 Present Chairman — Judith J. Uhrig, Arthur C. Smith, John J. McWeeney and Associates Daniel Griffin and John Gilbert. Petition Address: 34 Tyler Road The relief sought is for a Special Permit to allow an accessory apartment in an accessory structure. The Chairman opened the hearing by reading a letter received from the petitioner requesting to withdraw the application without prejudice. On a motion by Daniel Lucas and seconded by John McWeeney, the board voted 5 -0 to accept the applicants withdrawal without prejudice. Submitted by: Dianne Cornaro, Clerk