2018-12-13-ZBA-min - Laserfiche WebLink

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3 Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room December 13, 2018 Board Members: Acting Chair— Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen, and Associate Member Beth Masterman Alternate Sitting: James A. Osten Administrative Staff: Jennifer Gingras, Zoning Administrator and Katie Luczai, Administrative Clerk Address: 137 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification. Also received was a Special Permit decision, dated September 13, 2000. 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. The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-3.4, Table 1 (Schedule of Dimensional Controls), Line J.1.03, to allow a take-out food use during hours not otherwise allowed. Presenter: Murat Taskaynatan on behalf of Domino's Pizza Mr. Taskaynatan explained that they are before the Board to request a one hour extension to their regular store hours. The existing hours on weekdays will remain the same but they are requesting a one hour extension on Friday and Saturday nights to remain open until midnight. This is a result of their contractual agreement with Domino's Pizza. If they are not allowed an extension to store hours then they may ask for a variance with the Domino's Corporation. A Board Member, Mr. David Williams asked how much business is conducted between 11 pm and 12am. Mr. Taskaynatan stated that based on data from other stores, about 1% of sales are conducted during that time. Mr. Taskaynatan explained that they are before the Board because it is nationally advertised that all Domino's Pizza restaurants are open until midnight. Mr. Taskaynatan stated that they are not expecting to serve people during those hours. Mr. Taskaynatan added that the minimum time which the corporation expects them to be open is until 12am. This is a requirement that was established by Domino's Pizza in 2016. Currently, the store is open until 11 pm. Mr. Taskaynatan clarified that they do not take orders past 11 pm and are before the Board today because they have been receiving complaints from customers about the differences in national advertisement of hours and their current store hours.