2009-09-10-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 10, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member David G. Williams. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 135 Massachusetts Avenue, Map 13, Lot 379A 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 the Zoning Administrator. 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. The petitioner is seeking to renew a special permit in accordance with section 135 -16B, Table 1 Permitted uses and Developmental Standards, Lines 9.12 and 9.13 to continue to operate a fast food and take out service known as Bollywood. Attorney William Goldberg presented the petition for Arvinder Singh of Bollywood. Attorney Goldberg explained the seating discrepancy described by the Zoning Administrator. There are only 14 seats for eating and 4 for take out waiting. The Board asked why the special permit had not been renewed when expired. The applicant explained he was just not aware that it needed to be renewed. He thought that once he received the special permit it was ongoing. A Board member asked the Zoning Administrator if the applicant could operate as a Restaurant instead of as a take out, he answered no. The Board also asked the applicant if he needed more seating and what steps were going to be taken to make sure the special permit will be renewed when it expires. The Chairman confirmed the hours of operation with the applicant. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:40 pm.