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.