Minutes of Meeting
December 3, 2009
In attendance: PD, JS, AP, MC, PH, MCas, DC and SF
7:00
Continuation - 53/55 Highridge Road – Timothy Jones
Sitting in: PD, AP, JS, DC and MCas
PD opened the continuation and asked JS what the comments were from Town Counsel as JS had spoken to him about the ongoing issues at this property. JS read the email from Town Counsel. Town Counsel felt the developer Tim Jones has made an effort to finish the project infrastructure but has made no effort to pay the
$150,000 he owes the town. Attorney Talerman felt the only leverage the town has is to withhold the building permits. The applicants counsel, Attorney Blair passed out a punch list and stated his applicant has been working with Don Dimartino of the DPW and his largest project to complete is the sewer inverts. The applicant stated he would be done in 3 to 4 weeks. The applicant and Don Dimartino had a meeting with the bank to go over the final details. JS wanted to know when the $150, 000 would be paid.
Attorney Blair stated he is in disagreement with the amount. JS referred back to Attorney Talerman’s email stating the applicant has not complied with the terms of the special permit. MC is in agreement to uphold the decision of the Building Inspector since the amount owed is now in disagreement. JS stated the applicant has made no attempt to even correspond over the $150,000 owed to the town. PD asked if the board thought he should get another month to complete. JS stated he only has to complete the special permit. AP asked for some proof from the bank, a final figure and some proof from Town Counsel. JS suggested a meeting between the two attorneys. Attorney Blair disagreed about owing the money as he felt it was an illegal tax. PD stated all was still unclear to him to
just deny it. JS felt there has been no indication of a payment and now they are saying they don’t even owe it. AP felt another month may be an advantage to the board to get the funds. Tim Jones stated he never said he wasn’t going to pay what was owed. JS said there just has been no progress and suggested that the funds go from the bank directly to the town. PD would like both attorneys to get together and talk to wrap this all up. JS still felt the only leverage the town has are the building permits and this has gone on for 9 months.
PD motion to continue as the applicant agreed to have his attorney and town counsel meet with regards to the funds owed, to discuss the possibility of locking in with the bank so the funds can be directly distributed, to get a final completion date and all this should be done within 30 days.
JS seconded.
All in favor to continue to January 7, 2010.
Continuation
Map 64/Lot 212-South Center Realty
Sitting in: Js, PD, AP, DC and MCas
The applicants’ representative, Mr. Seaburg from Benchmark Engineering is requesting a continuance. JS, the liaison for this project read the continuance request from Mr. Jeffrey Roelofs. JS had spoken with Attorney Talerman and his comments were that the HAC decided the applicant could not have 2 applications before the ZBA. The ZBA could grant the application, the downside being that the board would be allowing the applicant to maintain an application that has been ruled improper by the HAC. The Board could deny the application as the HAC supports the notion that the 250 unit application is improper. JS stated the board could grant the continuance or take a vote.
PD – motioned that the board deny the application without prejudice to Fafard’s rights to pursue the proposal upon remand, should it elect to do so in accordance the HAC’s decision of November 10, 2009.
AP – Second.
JS asked if any questions from the public (none) or the board. MC asked about any legal ramifications. JS stated the only downside is more litigation.
Vote 5 – 0 to deny the request for a continuation.
Other business:
MC stated this would be her last meeting as she is resigning from the ZBA as an alternate.
PD asked if LR could get an update from Stuart LeClaire, Building Commissioner on what is going on with the Varney Brothers earth removal project in regards to the elevations and grades.
Approvals:
Minutes of November 5, 2009.
AP motion to accept the minutes.
JS second.
Budget worksheet reviewed and approved for LR to give to Finance Department.
AP motion to adjourn.
PD second.
Meeting adjourned at 8:00 PM.
Approved 1/7/2010
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