 |
Zoning Board of Appeals
Minutes
May 23, 2012
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Shawn Leary Considine, (SLC); Jo Anne Magee, JM; Cliff Snyder, CS; Ned Douglas; Robert Fuster Jr., RFjr; and Robert Fuster, RF
Staff present: Mary Albertson, Town Planner, MA; Land Use Clerk Peggy Ammendola, (PA)
May 23, 2012
Shanlen Realty Corporation, Hoff’s, 90 Main Street (Map 43, Parcel 192) Special Permit under Zoning Bylaw Sections 3.3.1 and 3.3.2 to allow for the operation of a gasoline station and retail convenience store. Continued from April 18, 2012. Sitting members: EB, ND, CS, SLC, and RFjr.
Mr. Lynch requested to withdraw the petition without prejudice to deal with issues brought up at the previous hearing. SLC made a motion to allow the petitioners to withdraw without prejudice. EB seconded the motion and the Board voted to agree 5-0
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 reflected that this would be continued to November 2, 2011, November 2012 and possibly subsequent years if decided. The Decision had been appealed and the appellant and property owner had been negotiating an agreement, therefore the review was continued to December 21, 2011, January 18, Feb. 1, March 7, April 4, and April 18, 2012 with the anticipation that an agreement would be forthcoming. At the April 18th meeting, an agreement was provided, but included other agreements that the ZBA did not feel was relative to zoning issues, therefore the attorneys decided to re-craft the agreement and re-submit to
the ZBA on May 23, 2012. (Sitting members: EB, SLC, RF, RFjr, and ND)
Jeff Lynch and Kevin Kinne, attorneys who represent respectively the owner of The Frederick and the appellant Amy Zuckerman were present. The attorneys reported that after consultation with their clients they have decided to withdraw the request for the ZBA to endorse the agreement between Amy Zuckerman and Mr. Shortt, the owner of The Frederick. A review date regarding amplified music and parking was set for November 7, 2012 at 7:00 pm.
Drewkat Partners, LLC, Seven Hills, 40 Plunkett Street, Map 3 Parcel 83, variance from Section 10 Definitions, to construct a wooden fence six (6) feet in height within the street line setback. Sitting members: CS, EB, JM, ND, SLC
Presenting her application was Robin Wong and her attorney Robert Fuster Sr. Ms. Wong said that the mansion, unlike other mansions, is located very close to the road. She wishes to have a six foot high ornamental fence installed which she feels would enhance the aesthetics. The posts will be of wood and the fence would be of metal. Photos of a similar fence were presented and Ms. Wong said that her fence would be very similar to the one at The Mount which is also six feet high. The Mount and Ms. Wong’s property share a fence and this proposal is consistent with the neighborhood.
A letter of support from Hunter Kerr Runnette and Mark Vander Bosch of 40 Laurel Lake Road was read into the record. Ms. Wong told the Board that her neighbor across the street, Lynn Sutton, is very supportive of the fence. There were no members of the public in attendance and no other correspondence was received.
ND made a motion to close the public hearing and SLC seconded the motion. The Board voted to agree 5-0.
SLC made a motion to grant the petitioner’s request and CS seconded the motion. The board voted to approve 5-0. SLC made a motion to impose the condition that the fence post height be limited to no more than 8.5 feet and the drive way end post height be limited to no more than 10.5 feet and that the fence is at least 50 % spacing. The Board voted to agree 5-0.
Approve minutes: SLC made a motion to approve the minutes of May 2, 2012 and EB seconded the motion. The Board voted to approve 5-0.
Respectfully submitted,
Peggy Ammendola
| |
