2014-09-11-ZBA-min - Laserfiche WebLink

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BOA Meeting September 11, 2014 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room September 11, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member sitting as an Alternate: Ralph D. Clifford Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator Address: 413 Waltham Street, Map 32, Lot 14 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; a request fro a waiver allowing them to use the existing plot plan; parking plans; a copy of a ZBA decision dated September 24, 2009 and findings of fact. Prior to the hearing, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Health Director and the Zoning Administrator. The Chairman opened the hearing at 8:51 pm by reading the legal notices and described information received from the petitioner. The petitioner requested 2 SPECIAL PERMITS, pursuant to Ch. 135 of the Code of the Town of Lexington (Zoning By-Law), § 135-3.4: Table 1: Permitted Uses and Development Standards, Line J.1.02 (fast-food service) and Line J.1.03 (take-out food service with service hours before 7 AM) and §135-9.4 Joann Perry, presented the petition on behalf of Bruegger’s Bagel Bakery to renew their special permits. A Board member asked if it was necessary to open at 6:00 am on Sunday mornings. Ms. Perry explained they had a lot of early morning sports customers. There were no questions from the audience. Dominic Modoono of 336 Marrett Road spoke to say he had no problem with the 6:00 am opening but did have a concern with the deliveries all hours of the night. A Board member asked for a clarification of the noise bylaws for deliveries and trash pickup. A discussion followed regarding the noise bylaw and a Board member pointed out that the previous decision had a condition, number 5 that stated there will be no late night deliveries. Another Board member asked what time the workers arrive.(Between 4:30 and 5:00.)