2009-02-26-ZBA-min - Laserfiche WebLink

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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.