Condo Agreement Reached with Wine Bistro Developer

After learning that the developer of a proposed wine bistro on Mohawk Drive has reached an agreement with abutting condominium owners, the Zoning Board of Adjustment approved variances to allow the bistro and parking lot to encroach into the required landscape buffer.

As part of its agreement with Kendallwood Condominium Association, Rivierview, LLC agreed to request as a condition for approval of the variances a 6-foot solid fence along the rear of the property lines.

“The whole purpose of the (50-foot) landscape buffer is to create a buffer between commercial and residential uses. That will be accomplished with enhanced landscaping, especially with the solid fencing,” said Nashua attorney Andrew Prolman, who represented Rivierview, LLC at the May 20 meeting.

In addition to constructing the 6-foot fence, developer Cornelius de Jong has proposed installing thick vegetation behind the solid fence to further buffer abutting condominiums.
Other conditions of the agreement between Rivierview and Kendallwood for the variances to allow a 10-foot encroachment into the landscape buffer are that any buildings constructed utilizing the dimensions of the approved variances will be no greater than 38 feet in height and the windows on the rear and side of the proposed bistro facing Kendallwood building 10 would be minimized, subject to building and fire codes, and otherwise, would be frosted or opaque.

In a revised site plan dated April 14, Project Engineer Earl Blatchford said the building footprint was shortened and widened, with the building ridgeline to reach 35 feet.

Prolman told the Board that granting the variances would cause little to no harm to the neighbors, especially with the agreement with the condominium association in place.

“This will be well over a $1 million project. I believe it will be a catalyst to improve the area, and there will be no negative impact on neighboring property values,” he said.

Members of the Board agreed, noting setbacks, a wetland and a storm water system on the property make the parcel particularly difficult to develop.

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