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2013-04-11-ZBA Minutes
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2013-04-11-ZBA Minutes
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Minutes - ZBA - Zoning Board of Appeals
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<br />Minutes of the Lexington Zoning Board of Appeals <br />Selectmen’s Meeting Room <br />April 11, 2013 <br /> <br />Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. <br />McSweeney, David G. Williams and Associate member Frederic Johnson <br /> <br />Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning <br />Administrator <br /> <br />Address: 1707 Massachusetts Avenue, Map 48 Lot 102 <br /> <br />The petitioner submitted the following information with the application: nature and <br />justification of request; a topographic plan, a plot plan and a copy of a decision dated <br />December 8, 2011. <br /> <br />Prior to the hearing, the petition and supporting data were reviewed by the Building <br />Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the <br />Zoning Administrator, the Planning Director, Economic Development and the Historic <br />Districts Commission Clerk. Comments were received from the Historic District <br />Commission and the Zoning Administrator. <br /> <br />The Chairman opened the hearing at 7:30 pm by reading the legal notice and <br />described information received from the petitioner. <br /> <br />The applicant is requesting a <br />SPECIAL PERMIT <br />in accordance with the Zoning By-Law <br />(Chapter 135 of the Code of Lexington) section 135-16A, Use and Development Table 1, Line <br />9.12 and section 135-11C to renew a special permit for fast food service. <br /> <br />Attorney Thomas O. Fenn presented the petition for the owner of the business, Fruitee <br />Yogurt. <br /> <br />At the hearing the Attorney Fenn requested the special permit be issued for a period of <br />five years and that the hours of operation be increased from 11 am to 9:30 pm to <br />11:00 am until 11:00 pm. <br /> <br />A Board member confirmed the hours they are open and asked the Zoning <br />Administrator if the hours requested were permitted by the Selectmen. <br /> <br />Another Board member asked the applicant to pass on a thank you to the owner of the <br />property for monitoring the dumpster. <br /> <br />A Board member asked how many employees they have. <br /> <br />The Zoning Administrator, David George, asked if Attorney Fenn could provide the <br />new findings of fact to him referencing the new bylaws passed by Town Meeting. <br /> <br />There were no questions from the audience. <br /> <br />No one spoke in favor or in opposition to the petition. <br /> <br /> <br />
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