Zoning Board of Appeals
Minutes
November 7, 2012
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Robert Fuster, (RF); Ned Douglas, (ND); Robert Fuster Jr., (RFjr)
Absent with notification: Cliff Snyder, (CS); Shawn Leary Considine, (SLC)
Staff present: Peggy Ammendola, (PA)
The Frederick, LLC, 2 Kemble Street (Map 7, Parcel 22-3), review- as stipulated in the March 14, 2011 ZBA minutes with regard to amplified music reviewing the impact to neighbors November 2, 2011 and a second review in November 2012 and future years to be determined in 2012.
Present were Attorney Jeff Lynch and Scott Shortt. Mr. Shortt is the owner and manager of The Frederick.
Mr. Lynch said that the litigation which involved a direct abutter (Amy B. Zuckerman, 4 Kemble St., Map 7 Parcel 22-4) was resolved in August 2012 and a there is a contractual agreement which curtails the number of events to four a year.
Mr. Shortt said that he has had one event since the settlement.
No complaints have been received.
Discussion ensued on whether another review was warranted. RF felt that because the settlement agreement was so limiting, there would be no reason to schedule a review. The Board felt that they retained the right to review, and that if there was a change in ownership of the Zuckerman property, the original decision would be in effect.
RF made a motion to extend the commencement date for one year from August 7, 2012 to do construction. RFjr seconded the motion and the Board voted to agree 4-0.
RF made a motion that the yearly review, as contained in the original decision, be suspended for 2013 in view of the settlement agreement received by the Board April 17, 2012. The ZBA would have the discretion to review that decision at its option under the appropriate circumstances. ND seconded the motion and the Board voted to agree 4-0.
RF made a motion that Mr. Shortt is to notify the Board of any changes in terms to the settlement agreement relative to the number of events and/or amplified music. RFjr seconded the motion and the Board voted to agree 4-0.
Mr. Lynch and Mr. Shortt agreed that the ZBA has the discretion to review.
Approve minutes-October 17, 2012 Tabled as there was not a quorum
Respectfully submitted,
Peggy Ammendola
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