Zoning Board of Appeals
Minutes
January 7, 2015
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Robert Fuster Sr., (RF); Ned Douglas, (ND); Robert Fuster Jr., (RFjr); Shawn Leary Considine, (SLC)
Absent with notification: Clifford Snyder, (CS), Shawn Leary Considine, (SLC)
Staff present: Land Use Director/Town Planner Gwen Miller (GM) and Land Use Clerk Peggy Ammendola, (PA)
Frederick LLC, 2 Kemble Street (Map 7, Parcel 22), Special Permit, Section 6.10.13 and/or Modification of the Existing Special Permit issued May 28, 1993 and amended on March 28, 2011, to permit the following:
- Deletion of the 30-seat limit on a restaurant with service bar from the existing Special Permit, and permission for a restaurant with no seat limitation and no restriction on type of bar.
- Permission to add the name of the restaurant to the hotel sign allowed under the existing Special Permit.
Attorney Jeff Lynch, representing the Frederick, LLC presented the application. Also present was Scott Shortt, owner of the establishment.
Frank Newton and Peggy Houdek were also present.
The petition was filed on December 2, 2014, but on December 19th, Attorney Lynch submitted a supplement to the request which specified that the applicant is seeking permission to have 60 seats, versus “no seat limitation” as stated in the original petition. Attorney Lynch explained that they wanted to get on the agenda as soon as possible for contract purposes. Additional seating will require additional parking, and Mr. Shortt has entered into a contract to purchase approximately an acre of land from his abutters, the Houdeks, (Walker House) for the purpose of building a parking lot.
Attorney Lynch provided an aerial view, site and seating plans. There are 22 existing seats on the first floor. In the walkout basement there would be a 14 seat bar and a 24 additional seat restaurant. There are 16 seats in an area that is used for breakfast for guests staying at the inn, but would not be used as the same time as the other seats. At no time would there be more than 60 occupied seats.
The applicant is also asking to add the word “Restaurant” to their sign and permission to have the flexibility to position their sign either parallel or perpendicular to Kemble Street for greater visibility. Any change in the sign will be within the limits allowed by the zoning bylaw.
RFjr made a motion to close the public hearing and ND seconded the motion. The Board voted to agree 5-0.
RFjr stated in advance of making a motion that the motion would be to grant the modification of the special permit, not as published, but as represented at this hearing. RFjr made a motion to grant the modification of the special permit for exception, under the provision of the bylaw Section 6.1.13 issued on May 20, 1993 and amended March 28, 2011, to permit the deletion of the 30 seat limit on a restaurant with service bar from the existing special permit and grant permission for service for a 60 seat limit on a restaurant with no restrictions on the service bar and also move to grant permission to add the name of the restaurant to the sign that is already existing and to strike the language that indicates where the sign has to be situated on the property in relation to the building. RF seconded the motion.
RF made a motion to allow the petition as requested and as discussed and presented. AH seconded the motion and the Board voted to approve 5-0.
Other Business: ND, regarding the upcoming Elm Court ZBA hearing of February 18, 2014, stated that he would not be available for the month of March. Assuming that this hearing would be continued, he will check with the applicant to see if they have any issues with him not being available. RFjr said that he has already advised PA that he will be available to fill in as an alternate. AH said that he would also be available. GM said that forms were available for disclosure to submit and declare at their public hearing any real or perceived conflict(s) of interest.
Minutes-October 15, 2014- RFjr made a motion to approve the minutes as published. RF seconded the motion. The Board voted to approve 3-0-2. ND and EB abstained as they were not present at that meeting.
Respectfully submitted,
Peggy Ammendola
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