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2021-03-25-ZBA-min
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2021-03-25-ZBA-min
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Minutes - ZBA - Zoning Board of Appeals
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Minutes of the Lexinqton Zoninq Board of Appeals <br /> Selectmen's Meeting Room <br /> March 25, 2021 <br /> Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Martha C. <br /> Wood and Associate Beth Masterman <br /> Alternate Member: James Osten <br /> Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, <br /> Administrative Clerk <br /> Address: 413 Waltham Street <br /> The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By- <br /> Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4: Table 1: Permitted <br /> Uses and Development Standards, Line J.1.02 to allow fast-food service and Line J.1.03 to <br /> allow take-out food service with service hours before 7 AM. <br /> The petitioner submitted the following information with the application: Nature and Justification, <br /> Floor Plan, and a Waiver Request for a Certified Plot Plan. <br /> Prior to the meeting, the petitions and supporting data were reviewed by the Building <br /> Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning <br /> Director, the Historic District Commission Clerk, Historical Commission, Economic <br /> Development, and the Zoning Administrator. Comments were received from the Building <br /> Commissioner and the Zoning Administrator. <br /> Presenter: Rich Cady on behalf of Bruegger's Bagels <br /> Rich Cady presented the petition. He reviewed the health and safety concerns and stated they <br /> have been resolved other than two concerns. The two concerns left are in the process of being <br /> resolved. He then addressed the abutter concern regarding noise violations. The hauler has <br /> assured them they will not pick-up before 7 AM and the last pick-up was at 10:49 AM. <br /> A Board Member, Nyles N. Barnert, questioned if the baking is done on premises and <br /> suggested a condition on trash pick-up and delivery hours (The dough is delivered frozen. They <br /> could request the deliveries come after 7 AM). <br /> The Board agreed that because this business is near a residential area that there should be a <br /> condition on trash pick-up times. <br /> There were no questions or comments from the audience. <br /> The Hearing was closed at 7:12 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. <br /> Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes). <br /> The Board discussed conditions and agreed they had further questions for the applicant and the <br /> hearing should be re-opened. <br /> The Board voted to re-open the hearing at 7:18 PM (a role call was taken: Ralph D. Clifford — <br />
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