2009-09-24-ZBA-min - Laserfiche WebLink

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BOA Meeting, September 24, 2009 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 24, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, John J. McWeeney, Carolyn C. Wilson and Associate Member Leo McSweeney. Staff Present: David L. George, Zoning Administrator Petition Address: 413 Waltham Street, Map 32, Lot 14 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 from the Zoning Administrator and the Selectmen's Office. The Chairman opened the hearing at 7:40 pm by reading the legal notice and described information received from the petitioner relative to the petition. Rose Loesher presented the petition on behalf of Bruegger's Bagel Bakery. Ms. Loesher stated that she was before the board to renew a previously granted special permit. The special permit was granted from CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted Uses and Developmental Standards, Line 9.12 and section 135 -11 to allow a fast -food or takeout food service. The board asked Ms. Loesher why the special permit was not renewed earlier. She apologized for not renewing and indicated she was not aware that the permit had lapsed. The board asked Ms. Loesher if she sought to renew with the same conditions and she replied that she did, except for a change to the hours of operation changed to 6 am to 5 pm instead of the previously allowed 7 am to 9 pm. Joe Collella stated that the change in hours was customer driven. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:44 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0, to grant the special permit in accordance with in accordance with CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted uses and Developmental Standards, Line 9.12 in conjunction with section 135 -11 at 413 Waltham Street, subject to the following conditions: 1. Permitted hours of operation will be: 6:00 AM to 5:00 PM — Monday to Sunday 2. No more than 26 seats will be provided for customers.