Planning board approves 17 King as a food-focused bistro with limited bottle sales and indoor live music

The Planning & Zoning Board approved a use-by-exception that will allow a new restaurant at 17 King Street to operate with a quota alcohol license and limited retail bottle sales, after the applicant agreed to specific conditions aimed at preventing the business from converting to a late-night bar or nightclub.

Steven Hudson, speaking for applicant Gary Maghetti, described the planned venue as '17 King' — an American bistro with a wine-forward program, small live-music performances inside the restaurant, and occasional wine dinners and tastings. Hudson emphasized that food service would remain the primary function and that lease restrictions limit bottled-wine retail to a small part of the space.

Board members expressed concern about the long-term risk that a restaurant could become a nightclub and discussed enforceable ways to preserve the restaurant identity. Several members proposed tying permitted bottle sales to a percentage of the leased indoor space to make enforcement measurable. The board incorporated two primary conditions into the approval: bottle sales must not exceed 20% of the current leased indoor space (the applicant stated the indoor area is about 4,500 sq ft), and food sales must constitute at least 51% of gross sales, consistent with the state's 'restaurant' test.

The applicant said the lease contains language to prevent the business from shifting into nightclub operations and that he would accept the board's conditions. The board approved the use-by-exception with those conditions; one member (Kelly) recorded a 'no' vote on the percentage enforcement language but the motion passed.

Staff and board members reminded the applicant that PZB approval is not the final step: building and other permits remain required before substantial changes or operations begin.