HomeMy WebLinkAbout2021-04-08-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals
Selectmen's Meeting Room
April 8, 2021
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P.
Cohen and Martha C. Wood
Alternate Member: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Address: 20 Waltham Street
The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-3.4 Table 1 (Permitted
Uses and Development Standards) and 135-5.1.4 and 135-5.4.14 to allow Fast-food service in
the CB Zoning District and to allow 0 parking spaces instead of the required 24.
The petitioner submitted the following information with the application: Nature and Justification,
Floor Plans, Plot Plan waiver Request and a letter in support from the Commission on Disability.
Prior to the meeting, the petitions and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning
Director, the Historic District Commission Clerk, Historical Commission, Economic
Development, and the Zoning Administrator. Comments were received from the Zoning
Administrator and the Building Commissioner.
Presenter: Brandon Mager, Haynes Group Inc. and Sohil Masood, property owner
The Hearing was opened at: 7:00 PM.
Mr. Mager presented the petition. He stated the original application had an incorrect parking
relief request of 24 parking spots but was actually 22 parking spots.
A Board Member, Nyles N. Barnert, asked if there will be service on first floor (Mr. Mager stated
yes there will be).
Mr. Barnert questioned how it worked (Mr. Mager explained the plan further).
A Board Member, Jeanne K. Krieger, clarified it would not be a take-out facility (Mr. Mager
stated no it will not).
Mrs. Krieger questioned the hours (Mr. Mager stated 12 PM to 5 PM).
Mr. Masood explained the purpose of the store and kitchen. He stated hours would be 9:30 AM
to 6 PM.
Chair, Ralph D. Clifford, asked if the whole space is accessible to people with handicaps (Mr.
Mager stated yes and explained the floor plans).
Mr. Clifford questioned the accessibility into the building (Mr. Mager stated the door on the left
side of the building and the front will be handicap accessible).
Mr. Clifford asked if there are plans for other handicaps (Mr. Mager stated there are no plans at
this time).
There were no comments or questions from the audience.
There were no further questions from the Board.
The Hearing was closed at 7:18 PM (a role call was taken: Ralph D. Clifford —Yes, Jeanne K.
Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and Nyles N. Barnert—Yes).
Mrs. Krieger suggested the condition of hours of operation to be 9 AM to 9 PM.
The Board agreed on a two year term.
The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to
grant TWO (2) SPECIAL PERMITS in accordance with the Zoning By-Law (Chapter 135 of the
Code of Lexington) section(s) 135-9.4 and 135-3.4 Table 1 (Permitted Uses and Development
Standards) and 135-5.1.4 and 135-5.4.14 to allow Fast-food service in the CB Zoning District
and to allow 0 parking spaces instead of the required 22 with the condition of hours of operation
between 9 AM and 9 PM only (a role call was taken: Ralph D. Clifford —Yes, Jeanne K. Krieger
—Yes, Martha C. Wood —Yes, Norman P. Cohen —Yes, and Nyles N. Barnert—Yes).
Minutes of the Lexington Zoninq Board of Appeals
Selectmen's Meeting Room
April 8, 2021
Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P.
Cohen and Martha C. Wood
Alternate Member: James Osten
Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey,
Administrative Clerk
Other Business:
1. Minutes from the March 25, 2021 Hearing
The Board of appeals voted five (5) in favor, zero (0) opposed, and zero (0) in abstention of
approving the meeting minutes from the March 25, 2021 Hearing (a role call was taken: Ralph
D. Clifford —Yes, Jeanne K. Krieger—Yes, Martha C. Wood —Yes, Beth Masterman —Yes, and
Nyles N. Barnert—Yes).
On a motion made and seconded, the Board voted to adjourn.