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

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BOA Meeting, September 24, 2009 4 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: 10 Muzzey Street, Map 49, Lot 39 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, Selectmen's Office, and the Historic Districts Commission. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner relative to the petition. Kyung Chai presented the petition on behalf of Dabin Restaurant. Ms. Chai 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 9.11 and section 135 -11 to allow a restaurant. Ms. Chai indicated that special permit was not renewed on a timely basis, which was an oversight on her part. The special permit lapsed in 2003. Ms. Chai stated she sought to renew the special permit subject to the same conditions as previously granted. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:48 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 CH. 135 of the Code of the Town of Lexington (Zoning By -law) section 135 -16, Table 1: Permitted Uses and Developmental Standards, Line 9.11 in conjunction with section 135 -11 at 10 Muzzey Street subject to the following conditions: 1. Permitted hours of operation are: 11:00 AM to 11:00 PM, seven days a week. 2. No more than 115 seats will be provided for customers. Any seats on the patio will be removed from inside the restaurant.