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

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4 A Board Member, Ms. Jeanne Krieger, clarified that though they are advertising that they are open until midnight, in practice they do not serve food until midnight. Mr. Taskaynatan confirmed. A Board Member, Ms. Beth Masterman asked how much hardship would be endured if the permit were to be denied. Mr. Taskaynatan stated that they are not asking for the permit from a financial standpoint but rather a contractual obligation. The impact of being denied the permit cannot be measured since their operation has never been open until midnight. Mr. Taskaynatan suspects that if they are denied then Domino's Pizza may ask them to try applying for the permit again. On a motion by Ms. Beth Masterman and seconded by Mr. Norman Cohen, the Board voted 5-0 to close the public hearing at 7:30pm. On a motion by Mr. Norman P. Cohen and seconded by Ms. Jeanne K. Kreiger, the Board voted 1-4 (Jeanne K. Krieger, Martha C. Wood, David G. Williams, and Norman P. Cohen in opposition), to approve the request for 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. A 4-1 vote was needed and the petition was therefore denied.