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

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BOA Meeting, December 10, 2009 9 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: 10 Woburn Street, Map 48, Lot 201 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 Planning Administrator, the HDC clerk and the Zoning Administrator. The Chairman opened the hearing at 9:07 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, line 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 discussed the use described by line 9.13 which was changed at Fall 2009 Town Meeting from a takeout or fast food service serving food or beverages, such as coffee, snacks, ice cream, or donuts, but not enough to comprise a meal to takeout food service, with takeout food service defined as an establishment primarily for dispensing prepared food to persons carrying the food away for consumption elsewhere. However, the change is not final until the Massachusetts Attorney General's (AG) office reviews the bylaw change. As of this writing, the AG's office has not submitted a recommendation on the bylaw change. If the AG reverses the bylaw change the previous version of line 9.13 would apply. The applicant was going to call David George, the Zoning Administrator regarding how these changes would affect the special permit. 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 9:11 pm.