2021-03-25-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 25, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. Wood and Associate Beth Masterman Alternate Member: James Osten 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: Rich Cady on behalf of Bruegger's Bagels Rich Cady presented the petition. He reviewed the health and safety concerns and stated they have been resolved other than two concerns. The two concerns left are in the process of being resolved. He then addressed the abutter concern regarding noise violations. The hauler has assured them they will not pick-up before 7 AM and the last pick-up was at 10:49 AM. A Board Member, Nyles N. Barnert, questioned if the baking is done on premises and suggested a condition on trash pick-up and delivery hours (The dough is delivered frozen. They could request the deliveries come after 7 AM). The Board agreed that because this business is near a residential area that there should be a condition on trash pick-up times. There were no questions or comments from the audience. The Hearing was closed at 7:12 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). The Board discussed conditions and agreed they had further questions for the applicant and the hearing should be re-opened. The Board voted to re-open the hearing at 7:18 PM (a role call was taken: Ralph D. Clifford —