2008-09-25-ZBA-min - Laserfiche WebLink

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September 25, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 25, 2008 Board Members Present: Chairman — Arthur C. Smith, Niles N. Barnett, John J. McWeeney, Carolyn C. Wilson and Associate Member John T. Gilbert Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 321 Woburn Street, Map and Lot: 46 -37 The relief sought is for a Special Permit in accordance with section 135 -16A, line 9.12 of the Zoning Bylaw to allow fast food or takeout food service business serving enough food to comprise a meal. The Chairman opened the hearing at 7:56 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator and The Planning Board. Comments were received the Health Department, Selectmen's and the Zoning Administrator. Attorney John Farrington presented the petition for the applicant Timothy P Enright, d /b /a Aunt Mary's. The applicant seeks to open a fast food or takeout food service serving enough food to comprise a meal in a 900 sq. ft. retail space. The food would be prepared off site and brought to the store. Prior to the proposed use, the retail store was used by a "Pasta to Go ", a similar use as that proposed. The applicant indicates that hours of operation would be 7 AM to 10 PM and would have 4 employees. Also, the applicant in its submission materials indicates that sufficient parking exists for this use and for all uses combined. The Board asked the petitioner what was being done to control odors, how the prepared food would be delivered and if they were planning on serving breakfast. The Board discussed the parking area with the petitioner. On a motion by Carolyn C. Wilson and seconded by John T. Gilbert, the Board voted 5 -0 to grant the Special Permit to Timothy P Enright, d /b /a Aunt Mary's for a period of one year with the following conditions: