HomeMy WebLinkAbout2009-02-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
February 26, 2009
Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig,
Carolyn C. Wilson and Associate Member Steven L. Colman
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 27 Waltham Street, Map 49, Lot 34
The Chairman opened the hearing at 7:30 PM by reading the legal notices and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator and the Planning Board. Comments were received from the
Selectmen's Office, the Health Department and the Zoning Administrator.
Chris Tai of Teppanyaki presented the petition.
The petitioner seeks to renew a special permit for restaurant use.
The applicant was granted a special permit for the use on August 9, 2007. The special permit
was issued for one year with an expiration date of September 30, 2008. It was discovered
through annual Selectmen action relative to license renewals that the special permit lapsed. The
applicant was notified that the special permit needed to be renewed.
Ms. Tai told the Board that she has been working with the Health Department to correct health
violation concerns they have had. Tappenyaki has hired a food consultant to help them for the
next three months.
As for the concern about the empty planters in the front of the restaurant she said they had
planted flowers over the summer but they had died over the winter. She and the Board discussed
putting in bushes that would last year round.
The Board asked Ms. Tai if she had presented the request last year because the Board had the
understanding that they had another restaurant and was experienced; how did these health
violations come about? Ms. Tai told the Board that a different manager ran this restaurant.
The Board also asked about the neon open sign in the window and asked that it be removed. Ms.
Tai said she would remove it.
The Board wanted to know how was she going to handle making sure the special permit got
renewed when it needed to be. Ms. Tai told the board she was going to put it on her monthly "to
do" list for the restaurant to make sure they do it in a timely manner.
February 27, 2009 ZBA Minutes 2
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 7:38 pm.
On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to
approve the renewal of the special permit in accordance with the Zoning By -Law section 135 -11
with the following conditions:
1. This special permit is for a period of one year and will expire on February 28, 2010. (It is
the applicant's responsibility to renew this special permit eight weeks before expiration.)
2. The petitioner will meet all requirements of the Board of Health
3. Trash will not be allowed to accumulate.
4. There will be frequent emptying of the dumpster and the grease container.
5. Hours of operation will be seven days a week from 11:00 am until 11:00 pm.
6. Seating will be as proposed in the plan submitted.
7. Planters in the front of building will be planted and maintained.
8. Neon open sign shall be removed from the window.
Submitted by: Dianne Cornaro, Administrative Clerk
February 27, 2009 ZBA Minutes 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
February 26, 2009
Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig,
Carolyn C. Wilson and Associate Member Steven L. Colman
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Petition Address: 36 Rindge Avenue, Map 20, Lot 76
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 and the Planning Administrator. Comments were received
the Zoning Administrator.
The Chairman opened the hearing at 7:38 PM by reading the legal notices and described
information received from the petitioner relative to the petition.
Cheng Chi Chuang, owner of the property presented the petition with his contractor Vivant
Chan.
The petitioner seeks a special permit in accordance with the Zoning By -Law section 135 -29A to
allow expansion of a nonconforming structure.
The applicant seeks to construct a second -story addition with attic over the existing single -story
structure. The addition would be approximately 32 -ft. by 22 -ft. Because the expansion of the
nonconforming structure, as proposed, would be vertical and with no increase in site coverage, a
special permit is required.
The Board had no questions for the petitioner.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 7:40 pm.
On a motion by Arthur C. Smith and seconded by Carolyn C. Wilson, the Board voted 5 -0 to
approve the special permit in accordance with the Zoning By -Law section 135 -29A to allow
expansion of the nonconforming structure at 36 Rindge Avenue.
Submitted by: Dianne Cornaro, Administrative Clerk