Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Liquor License topic
No spam. Unsubscribe anytime.
Select Board continues hearing on Cafe Ducalli beer-and-wine license after neighbors raise zoning and parking concerns
Summary
An applicant seeking on‑site beer and wine and a package‑goods license for 959 Main St. faced opposition from abutters who said the proposed use exceeded a prior ZBA special‑permit for a 'cafe bakery.' The board continued the hearing and asked town counsel for a written opinion on whether prior ZBA conditions still bind the property following recent rezoning.
The Winchester Select Board on Nov. 17 continued a public hearing on a request by Philip Fderoli for on‑site beer and wine service and a package‑goods license at 959 Main Street (doing business as Cafe Ducalli).
Fderoli, who introduced himself as the applicant, told the board he was seeking a chapter 15 package‑store license so patrons could buy beer and wine with food takeout. "We're here asking for a package store license," he said, describing the proposal as beer and wine sales only and not a full liquor license.
Two abutters — Michael D. Rose, owner of the adjacent property at 961 Main Street, and Justin McGee, a nearby condo‑association board member — urged the board to deny or delay approval. Rose said the proposal represented a "bait and switch" from earlier descriptions (warehouse, then bakery and cafe) and warned a later shift toward a restaurant or bar would increase traffic, parking demand, noise and neighborhood disruption. "The approval would effectively sanction a shift from a small cafe bakery to a bar operation contrary to what was presented to neighbors and to the town," Rose said.
McGee reiterated condo‑association concerns and pointed to the Zoning Board of Appeals (ZBA) special‑permit conditions attached to the earlier allowance for a cafe bakery, including stated hours that abutters say limited operations to daytime business. Abutters and some board members disagreed about whether a recent rezoning of North Main Street (the Main Street Multi‑Use District) effectively supersedes the ZBA conditions or leaves them in force until vacated or revised by the ZBA.
Town staff explained two parallel licensing processes before the board: a common‑victuals (on‑site) license and a package‑store (retail takeout) license. The board debated whether hours of operation are properly governed by prior ZBA conditions, by the new zoning, or by the select board’s licensing authority. One board member urged caution: if the proposed pouring/takeout license materially changes the permitted use, the applicant might need to return to the original permit‑granting authority to revise the conditions.
Citing the legal ambiguity, the board asked town counsel for a written opinion clarifying whether the ZBA conditions remain enforceable after the rezoning and whether the applicant must seek a revision or vacatur of the ZBA decision. The board agreed to continue the public hearing and to defer action on hours until it receives that legal guidance. Several board members encouraged the applicant to meet with abutters to explain operations and reduce neighborhood concerns.
Next steps: the board will seek a written opinion from town counsel, continue the public hearing, and expect the applicant to consult with neighbors. No final license vote was taken on Nov. 17.
