2009-07-23-ZBA-min - Laserfiche WebLink

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BOA Meeting, July 23, 2009 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 23, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 1727 Massachusetts Avenue, Map 48, Lot 100 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator, and the Historic Districts Commission Clerk. Comments were received from the Health Department, Selectmen's Office, the Historic Districts Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:01 pm by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Thomas Fenn representing the establishment, Nourish, presented the petition. The applicant seeks a special permit in accordance with section 135 -11 and Table 1, Lines 9.11, 9.12 and 9.13 of the Zoning Bylaw to renew a special permit with the same conditions for a restaurant that had expired. The applicant asked if the Board would consider extending the special permit for an indefiniate amount of time. The Chairman explained the Board gives a special permit for one year so they would have the opportunity to address any issues that came up in the first year of business. One of the Board members asked David George, the Zoning Administrator to clarify to whom the special permit belongs to, the owner of the restaurant or the building. The special permit belongs to the specific storefront and the use runs with the landlord. A Board member asked why the petitioner didn't need a new special permit with a new restaurant when the restaurants needed to get a new license with the Selectmen's office and the Health Department. It was explained that it had to do with the transfer of the liquor license and food permits, which are given to the business rather than the landlord. The Board also asked if the owners would be managing the restaurant. There were no questions from the audience. No one spoke in favor or in opposition of the petition.