Zoning Board of Appeals
Minutes
October 15, 2014
Landuse Meeting Room
Members present: Acting Chair Robert Fuster Sr., (RF); Al Harper, (AH); Robert Fuster Jr., (RFjr); Jedd Hall, (JH)
Staff present: Peggy Ammendola
Mark Nulman, 21 Schermerhorn Park (Map 40, Lot 52) Variance, Section 5.1.8.l5.b. This hearing came before the Board on August 20, 2014. In the course of the hearing, the applicant’s representative, Sharon Strassfeld requested to withdraw without prejudice. Her request was granted. Subsequent to that hearing the question was raised as to whether procedure was followed therefore the ZBA requested a withdrawal in writing On October 2, 2014, Ms. Strassfeld complied by sending a written notice to the ZBA to withdraw without prejudice as well as a copy of the Power of Attorney granted to her by her brother Mark Nulman. This meeting is for the Board to vote formally to accept the withdrawal without prejudice.
RF asked PA if the withdrawal letter was available. She advised that it was not in the file as per the request of Ms. Strassfeld, but was available. RF expressed his concern as both the written request and the Power of Attorney which allowed Ms. Strassfeld to act on behalf of her brother should be a part of the public record for this application. PA said that Ms. Strassfeld immediately complied with the ZBA’s request, but on the following day, via email, she asked that the documents she provided not be made a part of the public record and requested assurance from PA that they would not be placed in the file. Before responding to that request, PA contacted the ZBA Clerk for guidance. PA understood that this request could be granted and Ms. Strassfeld was advised.
RFjr made a motion that the Board allow the petitioner to withdraw the petition without prejudice. JH seconded the motion.
Discussion ensued regarding the request by Ms. Strassfeld to not have the documents she provided regarding the withdrawal placed in the file. AH opined that both documents, the request to withdraw and the Power of Attorney, should be a part of the public record. RFjr added that a petitioner cannot send in correspondence to the ZBA and request that it not be a part of the record. The consensus of the Board was that both the written request to withdraw and the copy of the Power of Attorney be put in the file. The Board voted to agree to the motion by a vote of 4-0. It was noted that Ms. Strassfeld be notified.
Approve minutes-August 20, 2014. RF made a motion to approve the minutes as published. JH seconded the motion and the Board voted to agree 4-0.
RFjr made a motion to adjourn. AH seconded the motion and the Board voted to adjourn at 7:10 pm.
Respectfully submitted,
Peggy Ammendola
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