Minutes
September 3, 2009
In attendance: PD, AP, DC, MCas, JS, PH, MC and SF
7:00 PD Opened the meeting.
Informal - 35 Brion Road – Mrs. Balboni
The applicant was renewing her Special Permit for family apartment. She passed away and the permit is no longer valid.
Continuance - 53/55 Highridge Road – Tim Jones
Appeal of the Building Inspector Decision
Sitting in: PD, JS, AP, MCas and DC
The applicant sent a letter requesting a continuance until November 5, 2009 at 7:00 PM.
AP motion to continue as requested.
DC second
Vote: 4 – 1 Approved (JS opposed)
New – Special Permit Amendment Request
429 Maple Street – Bevilaqua Paving Services
Sitting In: PD, JS, AP, MCas and DC
LR read the legal ad. Attorney Antonellis is representing the applicant, Mr. Bevilacqua, owner of Bevilacqua Paving. Bevilacqua Paving is merging with and becoming partners with Tim and Greg Riley (in attendance) along with their attorney. In 2002 Bevilacqua Paving was issued a Special Permit for Air Quality previously by the ZBA. The Riley Brothers are site utility contractors mainly focusing on trench work. They are interested in the capability of providing asphalt year round for trench repair. Some of the board members questioned the changes that were going to be made once the companies merged, such as the winter season operations, which was not on the original special permit that was issued and the number of trips that would be made during the winter months. The board questioned if the impact to
the town would change with this merger. Attorney Antonellis explained that there would be no change in operations. Some members were unsure of the legality of simply transferring a Special Permit and felt it should be discussed with Town Counsel before a vote was made. The applicant requested a continuance to October 1, 2009 at 7:00 PM.
AP motion to continue to October 1, 2009 at 7:00 PM.
JS second
Vote 5 – 0 Approved
Minutes June 4, 2009
AP motion to accept as amended.
JS second
Vote 5 – 0 Approved
Discussion
The board discussed how and by whom decisions should be written. It was agreed upon that LR would continue to draft the simple decisions and then have Town Counsel review and approve them. MC suggested that Board Members alternate drafting decisions. Some members were hesitant to draft decisions so it was suggested that Town Counsel provide a bullet point template to assist in drafting decisions for both variances and special permits. Town Counsel would be given a draft and could then craft the decision. MC also suggested that all decisions should be seen by the entire board before they are filed with the Town Clerk and that the law provides enough time to do this. The members thought this issue should also be discussed at the All Boards Meeting on September 21 as Attorney Talerman would be in
attendance.
AP motion to adjourn
Vote: 5 – 0 approved
Meeting adjourned 8:30 PM
Approved 10/1/09
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