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Zoning Board of Appeals Minutes 10/10/2012
MASHPEE ZONING BOARD OF APPEALS
OCTOBER 10, 2012
MINUTES

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, October 10, 2012, at 6:00 p.m. in Conference Room #1 at the Mashpee Town Hall, 16 Great Neck Road North.  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton and Associate Members John M. Dorsey and Domingo K. DeBarros, along with Building Commissioner Richard E. Morgan were present.  

Chairman Jonathan D. Furbush opened the meeting at 6:00 p.m.  He announced that the meeting was being televised live on local Mashpee television.

PLEDGE OF ALLEGIANCE

NEW HEARINGS

Marian Oost-Lievense: Requests a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations to allow for construction of an addition to a non-conforming, single-family dwelling structure on property located in an R-3 zoning district within the Popponesset Overlay District at 2 Kim Path (Map 117 Parcel 250) Mashpee, MA.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, and Judith M. Horton.

Attorney Kevin M. Kirrane represented the Petitioner, who also attended the meeting.  He submitted an outline of his presentation along with photos of the subject property.  The property consists of 6,500 square feet of land with frontage on Kim Path and Uncle Percy’s Road.  The non-conforming, single-story, three-bedroom, 1,505 square-foot dwelling does not meet the side and rear setback requirements.  Setback on one side is 9 feet and setback on the other is 8.7 feet from the abutting properties.  Existing lot coverage is 23.2%.  The proposal calls for construction of a small 50 square-foot addition to the rear of the dwelling.  This will create two small bedrooms and extra space in the kitchen area.  A portion of the expansion will replace the shower and shed structures attached to the rear of the dwelling.  Efforts to minimize any increase in lot coverage include plans to remove one foot along the entire rear length of the existing deck.  The proposal will not be closer to the sideline setbacks.  The proposal will increase lot coverage by a mere .7 of 1%.  Attorney Kirrane said that the de minimis increase in lot coverage is not substantially more detrimental than what currently exists.  Adequate parking and sufficient setbacks are provided.

The property is within the buffer zone to freshwater wetlands.  On October 10, 2012, Engineer Jack Landers-Cauley filed a Request for Determination of Applicability with Conservation, which is scheduled for the October 25, 2012 Public Hearings.  
Replacement of an antiquated subsurface sewage disposal system with installation of a new Title V septic system will significantly improve on-site conditions.  The Board of Health has stipulated that the dwelling shall be limited to three bedrooms.  

Letters from several abutters in favor of the proposal were read into the record:
        Alvin F. and Elaine M. Crowell, 3 Kim Path.
        Joe and Jean Gennaco, 108 Uncle Percys Road.
        Michael W. Reardon, 36 Nick Trail.    

Mr. Bonvie made a motion to grant the Written Finding.  Findings: the proposal is not substantially more detrimental than what currently exists due to the following:
  • It will be an improvement and will conform to current building code requirements.  
  • It is compatible in size and character with other homes in the neighborhood.  
  • There is sufficient parking.
  • There are sufficient setbacks as the Board may require.
  • This Decision is conditioned upon compliance with:
  • Conservation Commission approval.
  • Board of Health approval.
  • J.E. Landers-Cauley, P.E. Plan entitled: Site Plan Prepared for Marian Oost-Lievense of 2 Kim Path, Mashpee, MA.  Date: 09/13/12.
  • Cotuit Bay Design, LLC plan entitled: New Addition/Remodeling for: Oost Residence, 2 Kim Path, Mashpee, MA.  Date: 9/5/2012.
  • Mr. Blaisdell seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.
DiVerdi Builders, Inc: Requests a Special Permit under Section 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non-conforming structures to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 246 Monomoscoy Road (Map 120 Parcel 53) Mashpee, MA.

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, and Judith M. Horton and Associate Member John M. Dorsey.  Board Member James Reiffarth stepped down and took a seat in the audience.

DiVerdi Builders, Inc.: Requests a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations of non-conforming dwelling structures to allow for construction of a single-family dwelling on property located in an R-3 zoning district at 246 Monomoscoy Road (Map 120 Parcel 53) Mashpee, MA.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, and Judith M. Horton and Associate Member John M. Dorsey.  Board Member James Reiffarth stepped down and took a seat in the audience.

Mr. John Slavinsky of Cape & Islands Engineering represented the Petitioner and submitted revised plans for a new three-bedroom dwelling.  Existing lot coverage is 22% of the 7,500 square-foot lot.  Plans calls for installation of a new septic system.  The Board of Health is restricting the proposal to three bedrooms.  An existing deck on the southwesterly side is 3 feet from the side setback; proposed deck will be 8.7 feet.  An existing deck on the northeasterly side is 12 feet from the sideline; proposed deck will be 15 feet from the sideline.  The proposal will be 1.5 feet closer to the wetlands.  

The Conservation Commission approved the proposal and issued an Order of Conditions on October 3, 2012.  Mitigation plantings presented and approved to offset encroachment of proposed deck into the 50’ buffer to wetlands and coastal bank.  

Mr. Bonvie questioned if the site plan includes the side exterior landing railing and the roof in the lot coverage calculations.  Mr. Morgan said that steps with a roof should be counted toward lot coverage and setback.  Mr. Slavinsky stated that the By-laws allow for overhang of a roof and that steps are an egress.  He asked if the Building Commissioner would now be counting stoop, steps, etc. into the lot coverage figures.  

After a short discussion, the Board requested a revised site plan with the proposed side steps, roof, and overhang included in the lot coverage and setback figures.  Mr. Blaisdell made a motion to continue the Petitions until October 24, 2012.  Mr. Furbush seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Vote was unanimous.       

Loren B. and John R. Kovalcik: Request a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a pier, ramp and float proposed to extend across a total of more than seventy (70) feet of coastal beach, coastal bank, salt marsh or bordering vegetated wetlands on property located in an R-3 zoning district at 48 Godfrey Road (Map 96 Parcel 104H) Mashpee, MA.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.

Mr. Jeffrey Ryther of BSS Design represented the Petition and stated that the Petitioner recently installed a pool in addition to other renovations to the dwelling.  The existing dilapidated, unstable dock will be replaced with a new pier, ramp and float.  The proposal is 103 feet from the new part of the dock.  The proposed additional 30 feet will allow for access to two feet of water at low tide.  The Conservation Commission approved the project at its September 13, 2012 hearing and issued an Order of Conditions on October 9, 2012.  The Harbormaster requested for the Order of Conditions to require the home address shall be permanently displayed on the fixed pier and float.  Mr. Ryther said that the proposal meets regulations for lateral access over high water for public access underneath; it is the proper distance over marsh; there is proper grading over the marsh to allow for sunlight down into the marsh.  

No comments were received from abutters.

Mr. Bonvie made a motion to grant the Special Permit conditioned upon compliance with BSS Design plan entitled: Plot Plan – Dock Reconstruction Prepared for Loren & John Kovalcik, 48 Godfrey Road, Mashpee, Massachusetts.  Date: Aug. 15, 2012.  Ms. Horton seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.       

Stephen Y. Barrow, Trustee:  Requests a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations to allow for construction of an addition to a non-conforming, single-family dwelling structure on property located in an R-3 zoning district at 10 Fells Circle (Map 122 Parcel 214) Mashpee, MA.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.

Mr. Thomas J. Bunker of BSS Design represented the Petition and submitted revised site and architectural plans along with photos of the property.  The dwelling is non-conforming because it encroaches into the setback to Fells Pond Circle and the setback to water and wetlands.  It conforms to the side, front and lot coverage requirements.  Plans call for a one-story addition of 6x16.33 feet to expand the living room.  Proposed lot coverage will increase from 16.62 % to 17.2%.  Mr. Bunker said that the proposal is not substantially more detrimental than what currently exists and is comparable with other homes in the neighborhood.  

The subject property is in Zone II and the Board of Health has restricted the dwelling to four bedrooms.  A septic inspection is required prior to issuance of the building permit.   

The Conservation Commission approved the proposal on August 23, 2012 and issued an Order of Conditions on September 11, 2012.  

No comments were received from abutters.

Mr. Bonvie made a motion to grant the Written Finding.  Specific Findings: the proposal is not substantially more detrimental than what currently exists due to the following:
  • The proposal will be an improvement to the home.  
  • The proposal is compatible in size and character with other homes in the neighborhood.  
  • There is sufficient parking.
  • There are sufficient setbacks as the Board may require.
This Decision is conditioned upon compliance with:
  • BSS Design Plans entitled: Plot Plan Proposed Addition at 10 Fells Circle, Mashpee, Massachusetts Prepared for Stephen Barrow.
  • Giampietro Architects plan entitled: Addition & Alterations to: the Barrow Residence, 26 Fells Circle, New Seabury, MA.  Date: 09/12/12.  Revisions: 10/03/12.
  • Conservation Commission Order of Conditions.
  • Board of Health restriction to four bedrooms and septic inspection prior to issuance of a building permit.
Mr. Blaisdell seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.       

Michele N. and Peter H. Thanas: Request a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations to allow for construction of additions to a non-conforming, single-family dwelling structure on property located in an R-3 zoning district within the Popponesset Overlay District at 15 Nashawena Road (Map 117 Parcel 37) Mashpee, MA.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.

Mr. Thanas represented his Petition and stated that the proposal calls for addition of a den and extension of the house a further six feet towards Nashawena Road.  Current lot coverage of 17% will increase to 20.2%.  The proposal will be closer to the abutter’s property going from 11.8 feet to 11.6 feet.  Sufficient parking is provided with a paved driveway from Nashawena Road and a circular driveway on Uncle Percy’s Road.  The dwelling is in Zone II and the Board of Health is restricting it to three bedrooms.  The Board of Health is requiring installation of a new septic system.

No comments were received from abutters.

Mr. Bonvie made a motion to grant a Written Finding.  Specific Findings:   the proposal is not substantially more detrimental than what currently exists due to the following:
  • The proposal will be an improvement to the home.
  • The proposal is compatible in size and character with other homes in the neighborhood.  
  • There is sufficient parking.
  • There are sufficient setbacks as the Board may require.
This is conditioned upon compliance with:
  • Engineering Works, Inc. plan entitled: Proposed Septic System Upgrade Plan, 15 Nashawena Road, Mashpee, MA.  Prepared for Peter Thanas.  Date: 8/22/12.
  • Alternative Designs, Inc. plan entitled: Thanas Residence.  New Addition to be built in Mashpee, MA.  August 2012.
  • Board of Health approval
  • Conservation Commission approval.
Mr. Blaisdell seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.       

Jennifer J. and Robert R. Blackburn, Jr.: Request a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations to allow for construction of additions to a non-conforming, single-family dwelling structure on property located in an R-5 zoning district at 46 Meadow Haven Drive (Map 47 Parcel 46) Mashpee, MA.  
Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.

Mr. Robert Blackburn, Jr. represented his Petition and stated that the proposal calls for construction of an 8x14-foot addition to the existing garage with two finished bedrooms above the garage.  He submitted diagrams of the proposal, which will not encroach any further into the sideline setback of the abutting property.  The closest corner of the existing garage to the side setback is currently 23 feet.  Proposed lot coverage will be 10.7% of the 18,000 square-foot parcel.  

Due to the presence of an abandoned bog behind the subject property, Conservation Agent Andrew McManus has scheduled a site visit on Friday, October 12, 2012 to determine if the proposal is within Conservation jurisdiction.  

The dwelling is not in Zone II.  The Board of Health is requiring a septic inspection prior to issuance of building permit.

No comments were received from abutters.

Mr. Bonvie made a motion to grant the Written Finding.  Specific findings: the proposal is not substantially more detrimental than what currently exists due to the following:
  • The proposal will be an improvement to the home.
  • The proposal is compatible in size and character with other homes in the neighborhood.  
  • There is sufficient parking.
  • There are sufficient setbacks as the Board may require.
This is conditioned upon compliance with Colonial Land Surveying Company, Inc. Mortgage Inspection Plan revised by Petitioner with proposed addition, signed by ZBA Chairman Jonathan D. Furbush Date: 10/10/12.  Mr. Reiffarth seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.       

Susan C. and Richard L. Arkuszewski, Trustees: Request a Written Finding under M.G.L. Chapter 40A Section 6 and Section 174-17 of the Zoning By-laws regarding continuance, extensions or alterations to allow for construction of an addition to a non-conforming, single-family dwelling structure on property located in an R-5 zoning district at 26 Pinecrest Avenue (Map 49 Parcel 174) Mashpee, MA.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.

Ms. Jean Bowden of Capizzi Home Improvement represented the Petitioners, who also attended the meeting.  Ms. Bowden explained that plans call for construction of an 8x24-foot addition to the side of the small 960-square foot dwelling.  This small 192-square foot addition will increase the size of the kitchen, dining, and living room areas.  Mrs. Arkuszewski said that the great room will accommodate her expanding family.  She said that she also owns the undeveloped abutting lot on the side where the proposed addition will be constructed.  Lot coverage will increase from 8.5% to 10.2%.  Mrs. Arkuszewski said that the existing fireplace will be removed to allow for the proposal.  No bedrooms will be added.  There is sufficient parking with the existing circular driveway.            

Because the subject lot is partially located in Zone II, the Board of Health is requiring a septic inspection prior to issuance of the building permit.  

No comments were received from abutters.

Mr. Bonvie made a motion to grant a Written Finding.  Specific findings: the proposal is not substantially more detrimental than what currently exists due to the following:
  • The proposal will be an improvement to the home.
  • The proposal is compatible in size and character with other homes in the neighborhood.  
  • There is sufficient parking.
  • There are sufficient setbacks as the Board may require.
This is conditioned upon compliance with:
  • Eastbound Land Surveying, Inc. plan entitled: Certified Plot Plan, Arkuszewski Residence, 26 Pinecrest Ave. Mashpee, MA.  Date: Aug. 22, 2012.  
  • Capizzi Home Improvement plan entitled: 8-0 Addition and Finished Basement, Rich and Sue Arkuszewski.  Date: 7-12-15, Revisions: 7-20-12, 7-30-12, 8-10-12.
  • Board of Health septic inspection prior to issuance of the building permit.
Ms. Horton seconded the motion:  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.       

Paul Tragiannopoulos: Requests Modification to Variance V-2010-45 under Section 174-31 of the Zoning By-laws to vary the rear setback requirements by an additional two feet in order to legalize an existing garage addition on property located in an R-5 zoning district at 593 Main Street (Map 20 Parcel 2) Mashpee, MA.  Error in siting of foundation was discovered after building was constructed.  Not within Conservation jurisdiction.  Per the Board of Health: Outstanding fines owed to the Board of Health; fines do not pertain to the Variance request.  

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.

Because neither Mr. Tragiannopoulos nor his Attorney was present at 7:25 p.m., the Board took a small recess.  After 10 minutes, the Board proceeded with the Petition and asked for abutters comments.  Mr. Thomas Wilson, an abutter at 581 Main Street said that the industrial fans in the garage are still being used.  He showed the Board a Cease and Desist Order from the Building Department.  He said that he and his neighbors have been dealing with this nuisance and zoning violation for over two years.  Mr. Morgan said Town Counsel is dealing with the fan operation and zoning violations.  The Building Department has never issued an Occupancy Permit for the garage.  

Attorney Creedon arrived at 7:40 p.m. and apologized for being late.  He said that there are three litigations against his client – a contempt action; an action by the Building Commissioner to enforce the zoning; an action by the Fire Chief to enforce the fire code.   

Attorney Creedon said that, due to a miscommunication between Mr. Tragiannopoulos and the builder, the building was built two feet closer to the sideline than was authorized by the Variance granted by the Board in the 2010 Decision.  Attorney Creedon said that the “plan called for a 50x15-foot building, 3 feet off”.  What was built was a 50x20-foot building and now Mr. Tragiannopoulos wants a Modification of the 2010 Variance.  Attorney Creedon said that if the Board grants the Modification with the de minimus two-foot Variance relief, Mr. Tragiannopoulos will be able to sell his property.  He said that his client will agree to the judgments, ending the current lawsuits filed by the Town, as well as resolve the issues with the neighbors.  Attorney Creedon said that the sandblasting equipment has been sold.  

Mr. Furbush asked why construction of the building was continued before the foundation was signed off by the Building Department.  He also asked why Mr. Tragiannopoulos was not suing whoever set the foundation.  Mr. Bonvie asked when the error was discovered.    Attorney Creedon said that he couldn’t answer the questions.  Mr. Bonvie said that the Building Inspector demands a certified as-built of the foundation location.  Had Mr. Tragiannopoulos done that, he would have discovered the error before the building was completed.  Mr. Furbush expressed his frustration that Mr. Tragiannopoulos wants the Board to correct an error that should never have been allowed to happen.  Attorney Creedon said that if the Board doesn’t grant the Variance, they will be holding the Petitioner “hostage”.  Attorney Creedon said that Mr. Tragiannopoulos will never tear down the building.  
  
Building Inspector Charles Maintanis requested an as-built before construction of the garage was commenced.  Mr. Tragiannopoulos ignored these requests.  After the building was constructed, Petitioner asked for final inspection.  When Mr. Maintanis demanded the as-built again, the error in location of the foundation was discovered.  Site inspection was failed.  The Board said that whether a mistake was made or it was a blatant disregard for procedures that resulted in the foundation error is not the issue.   Mr. Furbush said that he doesn’t see the hardship.  Mr. Bonvie agreed and said that Mr. Tragiannopoulos created the additional hardship for himself.   Attorney Creedon said that his client will “go away” if the Board grants the Variance.  He said that “how we got here” does not relate directly to Chapter 40A Section 6.  Mr. Bonvie agreed, but said that the basis of his vote is not contingent upon whether or not the client will agree to a judgment or whether he moves out of Town.  Attorney Creedon said that he sat on the Barnstable ZBA for ten years and chaired for three years, and he can’t believe that the Board will not grant an additional two feet.  

Because his client had still not arrived at the meeting, Attorney Creedon asked for a continuance of the Petition.  Mr. Blaisdell made a motion to continue the Petition until October 24, 2012.  Mrs. Bonvie seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.       
OTHER BUSINESS

Approve September 12, 2012 Minutes
Mr. Blaisdell made a motion to approve the Minutes.  Mr. Reiffarth seconded the motion.  Votes:  Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Bonvie, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Mr. Dorsey, yes.  Mr. DeBarros, yes.  Vote was unanimous.

Town Board Remote Participation Policy: ZBA Chairman to sign form acknowledging receipt and understanding of Policy No. 063 adopted by Board of Selectmen at September 10, 2012 Selectmen’s Meeting.  

Mr. Tragiannopoulos, 593 Main Street, arrived at 8:17 p.m.  The Board informed him that his attorney had asked for a continuance of the Petition.  Mr. Furbush reminded Mr. Tragiannopoulos to arrive at 6 p.m. on October 24, 2012.  

EXECUTIVE SESSION

At 8:35, Mr. Reiffarth made a motion to adjourn to Executive Session.  Mr. Bonvie seconded the motion.  Mr. Furbush asked for vote by roll call to adjourn to Executive Session.  Roll call vote is attached to these Minutes.  Mr. Furbush stated the purpose for Executive Session: Discussion of a Proposed Agreement for Judgment concerning 167 Wading Place Road.  Superior Court Department C.A. NO.: BACV2009-00585.  Mr. Furbush announced that Open Session will not reconvene.

Respectfully submitted,

Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals  



IN THE MATTER OF EXECUTIVE SESSION

DATE: October 10, 2012          

It is MOVED by: Board Member James Reiffarth                                            

That this governmental body hold an Executive Session.

A Roll was Called (see attached Roll Call).
The Clerk of this Executive Session was designated as Board Member Ronald S. Bonvie.                                    

A quorum being present and a Majority having voted to go into Executive Session,
Chairman Jonathan D. Furbush states that:
        1.  This meeting Convened in Open Session and
                A. Notice and Posting of the Meeting was Given.   (X)
                B. The Meeting is an Emergency Meeting.                                                         

        2. After the Executive Session, the Meeting                                                                                                     
                B. Will Not Reconvene.  (X)

        3. The Purpose or Purposes of this Executive Session are:
                                        
                B. To Deliberate upon Matters which, if done in Open Meeting,
                    could Detrimentally Affect the Position of the City, and
                    regarding:
                        1. Collective Bargaining.                                                                       
                        2. Strategy with respect to Collective Bargaining.                                      
                        3. Strategy with respect to Litigation.         (X)
                        4. The Purchase, Exchange, Lease or Value of Real
                            Property.                                                                   
                
        4. All of the foregoing is hereby made part of the official Minutes of this Body.(X)



MASHPEE ZONING BOARD OF APPEALS
EXECUTIVE SESSION ROLL CALL
DATE: OCTOBER 10, 2012

At 6:00 p.m., Chairman Jonathan D. Furbush opened the October 10, 2012 ZBA Public Hearings.  

At 8:35 p.m., Board Member James Reiffarth made a motion to adjourn to Executive Session.  

Votes were taken in the following order:        

Chairman Jonathan D. Furbush, Yes               

Vice Chairman William A. Blaisdell, Yes
        
Clerk Ronald S. Bonvie, Yes             

Board Member James Reiffarth, Yes               

Board Member Judith M. Horton, Yes              

Associate Member John M. Dorsey, Yes            

Associate Member Domingo K. DeBarros, Yes