2013-04-11-ZBA Minutes - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 11, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate member Frederic Johnson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1707 Massachusetts Avenue, Map 48 Lot 102 The petitioner submitted the following information with the application: nature and justification of request; a topographic plan, a plot plan and a copy of a decision dated December 8, 2011. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Historic District Commission and the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16A, Use and Development Table 1, Line 9.12 and section 135-11C to renew a special permit for fast food service. Attorney Thomas O. Fenn presented the petition for the owner of the business, Fruitee Yogurt. At the hearing the Attorney Fenn requested the special permit be issued for a period of five years and that the hours of operation be increased from 11 am to 9:30 pm to 11:00 am until 11:00 pm. A Board member confirmed the hours they are open and asked the Zoning Administrator if the hours requested were permitted by the Selectmen. Another Board member asked the applicant to pass on a thank you to the owner of the property for monitoring the dumpster. A Board member asked how many employees they have. The Zoning Administrator, David George, asked if Attorney Fenn could provide the new findings of fact to him referencing the new bylaws passed by Town Meeting. There were no questions from the audience. No one spoke in favor or in opposition to the petition.