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Zoning Board of Appeals Minutes, 11/02/2011
Zoning Board of Appeals
Minutes
November 2, 2011
Landuse Meeting Room

Members present: Chair Ethan Berg, (EB); Shawn Leary Considine, SLC;
Ned Douglas, ND; Cliff Snyder, (CS)

Absent with notification: Robert Fuster (RF)

Staff present: Mary Albertson, Town Planner, MA; Peggy Ammendola, Landuse Clerk, PA

The Frederick, LLC, 2 Kemble Street (Map 7, Parcel 22-3). Review of Decision granted March 14, 2011 re: Amplified music and parking.  The minutes of that decision meeting reflect that this will also be continued to November, no date given, 2012 and possibly subsequent years if decided.  On November 1, 2011, Attorneys Jeff Lynch and Kevin Kinne requested that this review be continued to December 21, 2011 at 7 pm.

SLC made a motion to continue the review to December 21, 2011.  CS seconded the motion.  The Board voted to agree 4-0.

Thomas A. Hoadley, 21 Church Street (Map 43, Parcel 167), Variance from Sections 5.2.4 Signs or in the alternative Section 5.2.6.  Continued from October 5, 2011 May 2 2012 at 7 pm

Present were Mr. and Mrs. Hoadley.

A letter dated October 12, 2011 from the Planning Board in response to the ZBA’s request for comments on this application was received on November 1, 2011.  Copies of the letter were presented to the Board members and the letter was read into the record.  The Planning Board stated that they are in the early stages of reviewing signage provisions contained in the Zoning Bylaw and they have a tentative goal of submitting revisions at a Special Town Meeting in the spring.

It was explained to the Hoadleys that if a vote was taken and their variance denied, they would be unable to come before the Board for two years unless their request was significantly different.  Discussion ensued and it was thought that the hearing should continue until there is some sense of the bylaw change provided that the Hoadleys waived the right to have a decision within one hundred days after the date of the filing of their petition.  The Hoadleys agreed to a continuance until May 2, 2011 and stated that they would submit their request in writing.  

SLC made a motion to continue the hearing until May 2, 2012 at 7:00 pm.  ND seconded the motion and the Board voted to approve 4-0.  

The Hoadley’s written request was received on November 7, 2011 and filed with the Town Clerk.

Eric and Wendy Federer, 21 Kneeland Avenue (Map 43, Parcel 34), Special Permit Section 3.3.5 to alter and extend a nonconforming single family structure.  Continued from October 5, 2011.  Site visit that was to be conducted on October 26, 2011 at 5:00 pm was canceled on October 25, 2011. Letter from Lori Robbins, attorney for the Federers, dated on November 2, 2011 was hand delivered on Nov. 2, 2011 requesting that the ZBA allow the applicants to withdraw their petition without prejudice.

Present was Pam Kueber.

SLC made a motion to allow the applicants to withdraw without prejudice.  CS seconded the motion and the Board voted to agree 4-0.

Other Business:
There was no other business to discuss.

Minutes:
September 7, 2011-SLC made a motion to approve the minutes of September 7, 2011 and ND seconded the motion.  The Commission voted to agree 4-0.
September 21, 2011 Tabled due to lack of quorum
October 5, 2011 SLC made a motion to approve the minutes of October 5, 2011 and ND seconded the motion.  The Commission voted to agree 4-0.

Respectfully submitted,
Peggy Ammendola