2023-12-14-ZBA-min - Laserfiche WebLink

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No further comments from Board. Mr. Gilgun, summarized that Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4.1 requires the Board to approve the SPECIAL PERMIT if no adverse effects exist or if they do not outweigh the benefits. They have presented plenty of evidence to prove the beneficial effects of the SPECIAL PERMIT and would be open to accepting special conditions set out by the Board. Hearing closed at 8:12 PM, (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Mr. Cohen, stated the property has been in a commercial zone that has existed for many years. Alternate Board member, Kathryn Roy, asked to clarify that a liquor license has to be approved first Mr. Clifford stated that the Select Board needs to approve a Liquor License. Ms. Wood, stated there is a liquor store on Bedford Street which is in a similar small commercial area surrounded by a residential neighborhood that exists without issue. Mr. Clifford, stated he is in favor with the overall proposal, and believes upgrades to the property are needed and will be a gain to the commercial neighborhood that this is in. If a person purchases a house near a commercial zone, there is nothing really, they can do about what goes on. Mr. Cohen, stated he is leaning toward approving as there are many existing commercial businesses in the area and asked the Board if the renewal process would be two (2) year if granted (Yes) Mr. Clifford, suggested the conditions as follows: Hours of operation will be Monday- Saturday, 8am to 10pm and Sundays, 10am to 8pm. A parking plan is to be developed to the reasonable satisfaction of the Building Department. Trash will be picked up and dumpsters maintained to the satisfaction of the Health Department. A lighting plan will be developed to the reasonable satisfaction of the Building Department. The fence around the property will be repaired. All noncompliant signs will be removed. The front door will be ADA accessible. The Special Permit will expire if no liquor license is obtained from the select board. All will be renewable on the two- year basis with the understanding that longer renewals will be available thereafter. The Board agreed on the proposed conditions. Ms. Wood, questioned what the hours of the business would be. (Unsure.) Hearing reopened at 8:24 PM, (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Martha C. Wood – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes) Mr. Clifford, asked what the proposed hours of the liquor store are. (Monday-Saturday 8am- 10pm, Sunday 10am-8pm, which falls within ABCC regulations)