2021-02-25-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room February 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Beth Masterman Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 413 Waltham Street The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4: Table 1: Permitted Uses and Development Standards, Line J.1.02 to allow fast-food service and Line J.1.03 to allow take-out food service with service hours before 7 AM. The petitioner submitted the following information with the application: Nature and Justification, Floor Plan, and a Waiver Request for a Certified Plot Plan. 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 Building Commissioner and the Zoning Administrator. Presenter: Aaron Mohr on behalf of Bruegger's Bagels The Hearing was opened at: 9:02 PM. Aaron Mohr on behalf of Bruegger's Bagels, presented the petition. Mr. Mohr stated the request. A Board Member, Jeanne K. Krieger, questioned the number of safety issues that needed to be address (Richard Candy, District leader, stated they have addressed the safety issues with a construction company are in process to be fixed. They don't have completion date). Mr. Krieger stated she would like to have a date or impose a date. She then referenced an abutter complaint about dumpster pick up. She requested the dumpster not be picked up before 7 AM (Mr. Candy stated they reached out to the trash hauler and agreed it would be picked up after 7 AM). Chair, Ralph D. Clifford, stated the current permit conditions that a trash receptacle be provided in front of the establishment (Mr. Candy stated they were not aware that was required and they will make that change). Mr. Clifford stated he is not comfortable renewing the Special Permit due to safety issues not being addressed and suggested a continuance. Mr. Candy accepted a continuation to March 25, 2021.