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

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BOA Meeting, September 24, 2009 6 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: 397 Lowell Street, Map 46, Lot 37 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 7:50 pm by reading the legal notice and described information received from the petitioner relative to the petition. Pantipa Songtachalert presented the petition on behalf of Rice Cube Thai Kitchen. Ms. Songtachalert indicated that she was before the board to renew a previously granted special permit. The special permit was granted in 2008. 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 special permit was being renewed on a timely basis. Ms. Songtachalert stated that she wanted to expand the hours of operation and open at 7 am instead of 11 am, as previously allowed. The board had no issue with allowing an earlier opening time. Ms. Songtachalert withdrew her request to allow food to be consumed on the premises. No one in the audience spoke either in favor of or in opposition to the petition. The hearing was closed at 7:53 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 9.12 in conjunction with section 135 -11 at 397 Lowell Street subject to the following conditions: