Zoning Board of Appeals
Minutes
January 18, 2012
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Robert Fuster Jr., (RFjr); Shawn Leary Considine, SLC; Ned Douglas, (ND); Jo Anne Magee, JM
Absent with notification: Cliff Snyder, (CS); Robert Fuster Sr. (RF)
Staff present: Land Use Clerk Peggy Ammendola, (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 is deemed necessary. Originally scheduled for Nov. 2, 2011 but on November 1, 2011, Attorneys Jeff Lynch and Kevin Kinne requested this review be continued to December 21, 2011. On December 21, 2011 this meeting was cancelled due to a lack of a quorum and rescheduled for tonight.
Present for the review were Attorney Kevin Kinne who represents Amy Zuckerman, a direct abutter to The Frederick, and Attorney Jeff Lynch who represents Scott Shortt, the owner of The Frederick. Mr. Shortt was also present.
This review had been a part of the ZBA’s decision, but during the appeal period, Ms. Zuckerman filed suit to challenge the decision.
Mr. Kinne told the Board that a good working relationship between Ms. Zuckerman and Mr. Shortt has been established and positive steps have been made toward a resolution. He said that he would like to appear before the Board at the next scheduled meeting, hopefully to have a document for the Board’s execution. If there is settlement, both the ZBA decision and agreement would be filed in court and at the Registry of Deeds.
Mr. Kinne also informed the Board that there had been one event during the summer, a wedding, and Mr. Shortt and Ms. Zuckerman developed a cooperative relationship.
Mr. Lynch agreed with Mr. Kinne and stated that the parties are close to a final resolution. He also said that due to the appeal by Ms. Zuckerman, Mr. Shortt has not acted on the decision; therefore it is premature to have a review at this time.
There was a brief discussion regarding parking and Mr. Shortt stated that before agreement for an event, the guests are advised that parking on the street is prohibited, and give suggestions. For the one event last summer, the guests rented parking at Ventfort Hall.
Upon agreement between the parties, the attorneys will provide the document to the ZBA on Monday, January 30, 2011 so that the Board can have time to review. The Board asked PA to arrange to have Town Counsel review by noon Wednesday, February 1, 2012.
SLC made a motion to continue the review to February 1, 2012 at 7:15 pm. ND seconded the motion and the Board voted to agree 5-0.
Approve minutes:
November 16, 2011 EB made a motion to approve the minutes and SLC seconded the motion. The Board voted to approve 4-0-1. JM abstained as she was not at that meeting.
December 7, 2011 JM made a motion to approve the minutes and SLC seconded the motion. The Board voted to approve 5-0.
Other Business: There was no other business.
Respectfully submitted,
Peggy Ammendola
| 
