2016-12-08-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 8, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Martha C. Wood, Ralph D. Clifford, and Associate Member William P. Kennedy Also present at the hearing was Alternate James A. Osten Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 1726 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Conservation Administrator, Planning Department and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135 -9.4 and 135 -3.0, Use Table J.1.02 to allow a fast food service. The Chairwoman opened the meeting at 7:47 pm by reading the legal notices and described information received from the petitioner. Mr. Ed Grant presented the petition as the attorney for The Lions Group, who owns Max and Leo's of Lexington, LLC. The applicant, Max and Leo's, is using the same space previously used by Orange Leaf. The restaurant and take out service are allowed as of right. The only special permit needed is for fast food service. The restaurant will be open 10am — 11 pm, 7 days a week. Orange Leaf was granted a variance for 10 parking spaces and no additional parking spaces are required. They are just changing the type of food. This petition is consistent with the Board of Selectmen's goal for more vitality in Lexington Center. A Board Member, Mr. David G. Williams asked Mr. Grant to clarify about the take -out service (A Special Permit is not needed for take -out since they are not operating between the hours of 11 pm — 7am. They will be doing take -out but it's as of right.) A Board Member, Ms. Martha C. Wood, suggested that when they vote, they make a condition that states the operating hours are 10am — 11 pm. There were no further questions from the Board. There were no comments from the audience. The Chairwoman closed the meeting at 7:55 pm.