by Brendan Sample
After more than a year of disputes over the Market on the Fareway beer garden, the Ardleigh Street neighbors have reached an official agreement with Glengarry Properties, owner of the Market. Official litigation had been on track to start at some point next year, but with the lawsuits now dropped, both sides are now able to move forward.
The agreed-upon settlement, a copy of which was sent to the Local, will see both the neighbors and Glengarry making concessions to one another. On the beer garden side, the owners agreed to implement restrictions on when the outdoor area would be open, with the spot closing at 10 p.m. on Sundays through Wednesdays, and midnight on Thursdays through Saturdays.
Glengarry also will remove the refrigeration truck within the next six months and replace it with a walk-in freezer attached to the building. Both of these changes will work to reduce the neighbors’ concerns over noise coming from the area during late hours of operation.
In exchange, the neighbors agreed to loosen some of the restrictions made in the 1981 covenant agreement. The covenant had initially put limits on the amount of retail stores allowed on the property, the number of vents and hoods used in those stores for cooking and baking and the size of a trellis used on the outdoor area, among other specifications.
Going forward, however, those restrictions will no longer be in place, as the original covenant will be reworded to reflect all of the new terms. A new deed also will be created to make the updated conditions clear for any future owners.
With this agreement finally in place, both sides have expressed their excitement and relief over being able to come to a formal understanding. “Good fences make good neighbors,” said H. Fintan McHugh, attorney for the Ardleigh neighbors. “A lot of this stuff had been unsettled, but now it is settled. There’s a peace of mind that comes from signing this in knowing that this is how the area is going to stay for the near future.”
“Glengarry is very pleased that discussions with the neighbors have led to a mutual resolution,” said Ralph Wellington, attorney for Glengarry Properties. “Glengarry will continue to operate its businesses for the benefit of the Chestnut Hill community, while continuing to respect its neighbors as well.”
Brendan Sample can be reached at email@example.com