2009-12-10-ZBA-min - Laserfiche WebLink

Browse Search

BOA Meeting, December 10, 2009 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 10, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 135 Massachusetts Avenue, Map 13, Lot 379A 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 Zoning Administrator. The Chairman opened the hearing at 9:11 pm by reading the legal notice and described information received from the petitioner relative to the petition. Tim Lott, representing Allcot Donuts, presented the petition. Mr. Lott is requesting a special permit in accordance with the Zoning By Law section 135 -16, Table 1, lines 9.12 and 9.13 to allow a takeout food service. When questioned by the Board as to why special permit had not been renewed the applicant had no clear answer why the permit had not been renewed in time. The Board asked the applicant about the delivery times for the donuts and the applicant explained how the central kitchens worked for Dunkin Donuts. There were no questions from the audience. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 9:16 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5- 0 to grant the special permit to continue to operate a take out and fast food restaurant with the following conditions: 1. Permitted hours of operation are 5:30 AM to 10:00 PM, seven days a week. 2. There will be no deliveries other than for donut products before 7:00 AM. 3. There will be no deliveries before 5:00 AM.