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HomeMy WebLinkAbout2006-03-09-ZBA-min DRAFT MINUTES of the Lexington Zoning Board of Appeals March 9, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles Barnert, John J. McWeeney and Maura Sheehan. Petition Address: 27 Muzzey Street The Chairman opened the hearing reading a letter from the petitioner, Attorney Pamela Brown representing Dr. Shawn Seitz, dated February 2, 2006 requesting to withdraw the application without prejudice. The Board had voted at the February 9, 2006 meeting to accept the withdrawal. Submitted by: Dianne Cornaro, Clerk 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 9, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles Barnert, John J. McWeeney and Maura Sheehan. Petition Address: Marrett Road — 1 Cranberry Hill The relief sought is for a Modification of a Special Permit in accordance with 135 -42E (4) of the Zoning By -law to allow an increase in the gross square footage of the building. 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 Enforcement Officer and Planning Board. There was a comment from the conservation administrator regarding the conservation land off the parking lot. No other comments were received. Attorney Joseph Jenkins, representing Cranberry One, LLC, presented the petition. He explained they would like to increase the gross square footage of the building by 1,963 square feet thereby increasing the total gross square footage from 102,600 square feet (originally approved by special permit on January 12, 1984) to 104,563 square feet. The additional footage will be obtained by in- filling three existing interior floor openings on the right side of the building, between levels one and two, two and three, and three and four. The previous approved building use; footprint, setbacks, height and percentage of open area will not change. The Board had concerns regarding what tenants were going to use the building. The original permitted uses were certain administrative, executive, professional and similar office uses, office of salesmen, agents and representatives of manufacturing, distributors, insurance and wholesale companies as described in Section 4.3 and 4.4 of the Town of Lexington Zoning By -Laws, Table I, use regulation schedule Marc Verreault, of Carruth Capital, LLC, explained at the time of the original special permit the Conservation Administrator had requested they put up a gate by the Conservation land to block access of terrain vehicles and to stop vandalism. No one spoke in favor or in opposition of the project. The hearing was closed at 8:02 PM. 3 Discussion: The board saw no problem with approving the applicant's request. On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to approve the modification of the special permit to increase the gross square footage of the building by 1,963 square feet thereby increasing the total gross square footage from 102,600 square feet (originally approved by special permit on January 12, 1984) to 104,563 square feet. Submitted by: Dianne Cornaro, Clerk 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals March 9, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles Barnert, John J. McWeeney and Maura Sheehan. Petition Address: 84 Middle Street The relief sought is for a Variance in accordance with 135 -35, Table 2 Dimensional Control of the Code of Lexington to allow a front set back of 7 -feet 8- inches instead of the required 10 -feet. The Chairman reading a letter from the petitioner requesting that the hearing be postponed until March 23, 2006 to give him the opportunity to come to some agreement regarding the land in question. On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to postpone the hearing until March 23, 2006. Submitted by: Dianne Cornaro, Clerk