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HomeMy WebLinkAbout2009-09-10-ZBA-min 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. BOA Meeting, September 10, 2009 2 On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5- 0, to renew the 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 for a period of five years with the following conditions: 1. Permitted hours of operation are 11:00 AM to 10:00 PM, seven days a week. 2. Seating capacity will be limited to 14 persons for dining. 3. Deliveries will be received only in the late morning or early evening. 4. A proper filter system will be installed and filters will be changed regularly or as necessary in order to eliminate cooking odors. 5. Cooking grease will be collected and emptied as often as needed to meet the Board of Health standards. 6. Trash receptacles will be provided inside and outside the establishment and the parking lot will be kept free of litter from the food operation. 7. To reduce noise the dumpster will be emptied mid- to late afternoon as needed to meet Board of Health standards. 8. Signage will conform to the zoning bylaw. 9. This special permit is granted for a period five years and will expire on August 27, 2014 10. Applicant will be responsible for renewing special permit 8 weeks before the expiration date as determined by condition 9 above. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, September 10, 2009 3 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: 43 Waltham Street, Map 49, Lot 32 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 7:41 pm by reading the legal notices and described information received from the petitioner relative to the petition. Feng Hua Chow, Manager and part owner of Daikanyama, presented the petition. The petitioner is seeking to renew a special permit in accordance with section 135 -16, Table 1: Permitted uses and Developmental Standards, Line 9.11 and section 135 -69 D (2) to continue to operate a restaurant known as Daikanyama. The Board discussed the seating discrepancies with the applicant. They currently have dining seating for 44 people. They understand more seating would mean a need for more parking. The Board asked why the special permit had not been renewed when expired. The applicant explained that the original owner had taken care of all the paperwork and licenses and is no longer with the restaurant. Ms. Chow explained she is now Manager/Part Owner and will see that it is renewed when needed. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:51 pm. On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5- 0, to renew the special permit for a period of five years in accordance with section 135- 16, Table 1: Permitted Uses and Developmental Standards, Line 9.11 of the Code of the Town of Lexington to allow building use as a restaurant and Section 135 -69 D (2) of the Code of the Town of Lexington to allow 4 off -site parking spaces with the following conditions: BOA Meeting, September 10, 2009 4 1. Odors will be vented through roof ventilator. 2. Trash will be removed each day and contained within building. 3. Exterior of building, bench and planter, will be kept clean and well maintained. 4. Applicant will continue to obtain and use four parking spaces off site at the Church of Our Redeemer as per agreement with Town Transportation Coordinator. 5. Seating capacity will be limited to 44 persons for dining. 6. Hours of operation will be 11:00 am to 11:00 pm, Monday thru Saturday and from 12:00 pm until 11:00 pm on Sunday. 7. This special permit is granted for a period five years and will expire on August 27, 2014 8. Applicant will be responsible for renewing special permit 8 weeks before the expiration date as determined by condition 7 above. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, September 10, 2009 5 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: 177 Massachusetts Avenue, Map 13, Lot 377A 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. The Chairman opened the hearing at 7:51 pm by reading the legal notices and described information received from the petitioner relative to the petition. Jose Brambila, Manager of the restaurant, presented the petition. The petitioner is seeking to renew a special permit in accordance with section 135 -16B, Table 1: Permitted uses and Developmental Standards, Line 9.11 to continue to operate a restaurant known as Ixtapa in the CRS District. The Board asked if the applicant was seeking the same conditions and discussed re- striping the parking lot. The applicant assured the Board that he would stay on top of the special permit expiration date and will not let it happen again. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:55 pm. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5 -0, to renew the special permit for a period of five years in accordance with section 135 - 16B, Table 1: Permitted Uses and Developmental Standards, Line 9.11 of the Code of the Town of Lexington to allow building use as a restaurant with the following conditions: 1. Permitted hours of operation are 11:00 AM to 11:00 PM, seven (7) days a week. 2. No more than a total of 118 seats shall be provided for customers in the restaurant and in the function room altogether. BOA Meeting, September 10, 2009 6 3. No portion of the lower level function room may be used before 4:00 PM Monday thru Friday. 4. Six (6) parking spaces shall be striped in the rear of the building. 5. The dumpster for the restaurant shall be emptied as needed to meet the Board of Heath standards. 6. This special permit is granted for a period five years and will expire on August 27, 2014 7. Applicant will be responsible for renewing special permit 8 weeks before the expiration date as determined by condition 6 above Submitted by: Dianne Cornaro, Administrative Clerk Other Business: On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 3- 0 to approve the minutes of the August 27, 2009 hearing. David Williams and Judy Uhrig did not sit on the hearing.