TOWN OF
ZONING BOARD OF APPEALS
MEETING MINUTES OF
MEETING HELD IN TOWN
Members Present:
Members Absent: None.
Others Present:
PUBLIC SESSION
Acting Chair
Peter Page called the Public Hearing to order at
PENDING
CASE:
2006-070 150
Bradford Street (Residential 3 Zone), Tom
Boland and James Farley on behalf of Farland, Inc., d/b/a Far Land Provisions -
The applicant seeks a Special Permit under Article 2, Section 2460 of the Zoning By-laws for an increase in non-service seating (tables and chairs) from 9 to 16. Peter Page, Patrick Eleey, Elisabeth Verde, Robert Littlefield and Amy Germain sat on the case. Robert Littlefield disclosed that he is an abutter to an abutter but felt that he could render a fair decision and has no financial stake in the outcome of the decision.
Presentation: Tom Boland and James Farley appeared to discuss the application.
Public Comment: None. There were no letters in the file.
Board Discussion: The Board briefly questioned Mr. Boland and Mr. Farley.
2007-20
43 Race Point Road (Residential 3 Zone), Edward
Malone and Connie O’Meara –
The applicants seek a Special Permit under Article 2, Section 2460 of the Zoning By-Laws to relocate ten outdoor seats to inside a market/deli. Elisabeth Verde recused herself because of a conflict of interest. Peter Page, Patrick Eleey, Robert Littlefield and Amy Germain sat on the case. Acting Chair Peter Page informed the applicants that since only four members of the Board were seated they would need a unanimous decision from the Board in order to be granted a Special Permit. They have the option of proceeding with only four members seated or postponing the application until a five member Board is seated. The applicants agreed to proceed.
Presentation: Ted Malone, Connie O’Meara and Rich Goldberg appeared to present the application. The applicant stated that the indoor seats will have no adverse effects on the neighborhood and the social and economic benefits will outweigh any detriments.
Public Comment: None. There were 4 letters in the file in support of the application.
Board Discussion: The Board questioned Mr. Malone. The Board requested that Mr. Malone submit an existing outdoor seating plan at the next hearing.
2007-21
293 Commercial Street (Town Commercial
Center), Attorney Ed Patten on behalf of MELD, Inc. –
The applicant seeks a Special Permit under Article 2, Section 2460 of
the Zoning By-Laws to obtain new liquor and entertainment licenses to operate a
lounge and dance bar. Elisabeth Verde recused herself because a conflict of
interest.
Presentation: Attorney Ed Patten, Ed DiBiasio and Mario Lebert appeared to present the application. The applicant seeks to revive the operation at the premises and proposes to reduce the occupancy and refurbish the property. The applicant proposes to be open year round and argues that the social benefits outweigh any negative impacts on the neighborhood or the Town.
Public Comment: Michael Healey spoke in favor of the application. There was 1 letter in the file in opposition to the application. There was also a memo from the Building Commission referencing the occupant load of 99 that is being proposed by the applicant and noting that, according to the State Building Code, a sprinkler system is required in a commercial building only if the occupancy of the premises is 100 or more.
Board Discussion: The Board questioned Attorney Patten, Mr. DiBiasio and Mr. Lebert. The Board noted that the application lacked a certified plot plan and existing and proposed seating plans, both of which the Board requires if they are to make an informed decision. The Board thus ruled that the case is to be continued until the Work Session of the May 3, 2007 hearing. The applicant, in the meantime, will need to submit a plot plan, a set of existing and proposed drawings showing the exact location and number of seats at the premises and a letter from the Fire Chief stating that the building is safe for a commercial operation without a sprinkler system. In addition, the Board requested that the applicant look into alternative soundproofing measures for the structure beyond what they are currently proposing.
2007-22
523 Commercial Street (Residential 3 Zone), Neal Kimball Residential Designs on behalf of
The
applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning
By-Laws to extend a pre-existing, non-conforming structure up and along the
non-conforming east side yard setback (approximately 1’3”+/-) by raising the
sidewall 3’0” and the addition of a full shed dormer to a create second floor
living area. The applicant requests a postponement of the case until the May 3,
2007 hearing
Patrick
Eleey moved to grant a postponement for Case 2007-22 until the May 3, 2007
hearing, Keith Amato seconded and it was so voted, 5-0.
Chair
Chair
PENDING
DECISIONS:
2007-16 334
Commercial Street (Town Commercial
Center), Broken Wheel Farm, LLC, d/b/a Purple Feather Chocolates (Peter
& Ann Marie Okun) -
2007-18 21
Bradford Street Extension (Residential 1
Zone), WK Red Clay, LLC -
2007-19 258 Commercial Street (Town Commercial Center), Steven
Schnitzer -
PENDING CASE:
2007-17 89
Bradford Street (Residential 3 Zone), Attorney
E. James Veara on behalf of John R. Burrows -
The
applicant is appealing a decision of the Building Commissioner under Article 5,
Section 5223 of the Zoning By-Laws. This case is continued until the Work
Session of the May 3, 2007 hearing
MINUTES: April 5, 2007 – Patrick Eleey moved to approve
the language as amended, Robert Littlefield seconded and it was so voted,
5-1(Keith Amato abstaining).
The Board briefly discussed Case #2007-19 and the comments received
from Town Counsel in regard to the issues raised in that case.
The next meeting will be on May 3, 2007 and will be held in the Judge Welsh Hearing Room, consisting of a Public Hearing at 7:00 P.M. with a Work Session to follow.
ADJOURNMENT:
Robert Littlefield moved to adjourn at 9:45P.M. and it was so voted
unanimously.
These minutes were approved by a vote of the Zoning Board of Appeals at their meeting on May 3, 2007.
Respectfully submitted,
_______________________________________________ Ellen C. Battaglini
Zoning Board of
Appeals Signature