ZBA Meeting Minutes
Date: May 7, 2009
Administrative Meeting began at: 3:00pm
Members Present: Cynthia Weber, Chair, Robert Lazzarini, Clerk, Fred Chapman, Robert Gauthier, Vice-Chair and Dean Amidon
Also present for parts of the meeting: Anne-Marie Enoch and Scott Jenssen
Cynthia opened the meeting and suggested that the yearly restructuring and nominations for a new chair, vice-chair and clerk be made. A motion was made to nominate Robert Gauthier as the Chair which was seconded and unanimously approved.
Minutes from a January hearing were passed out and reviewed; Fred had a few corrections that needed to be made which will be given to Maryellen Brown to make.
The Brown house on Point Rd was briefly discussed; Cynthia received a call that the Browns want to change the topography. Robert Gauthier felt it wasn’t the Board of Appeal’s concern as a Certificate of Occupancy has already been issued.
Cynthia passed around several documents from the Conservation Commission and Building Inspector to be reviewed; no action is necessary at this time.
Robert Gauthier thanked everyone for giving him the chance to be the chairperson after 20 years on the Board. Robert Lazzarini was appointed as the Vice-Chair and Fred Chapman was appointed as the Clerk. Robert Gauthier asked what should be done, if anything, about their secretary, do they hire a new one or keep the existing one? Fred commented that whoever it is, it should be someone that can attend the meetings. Robert Gauthier suggested having Melissa Noe as the ZBA secretary since she is in the building full time. Cynthia and Dean were not in favor of this and Cynthia pointed out that when Melissa was the secretary she resigned from the position. Fred noted that the reason Melissa had resigned was because the Board of Appeals changed their meeting times and they conflicted with her
current schedule and may have posed a problem with being paid for each position (Inter-Departmental Secretary and ZBA Secretary). Dean felt that Melissa was the secretary to more than enough boards and that she wouldn’t have the time to commit to the Board of Appeals. Robert Lazzarini, Robert Gauthier and Fred all agreed that they would be happy with anyone as long as whoever it was attended the meetings in person. Robert Lazzarini noted that even though Melissa resigned it didn’t mean she resigned for life; she resigned at the time for a specific reason. Robert Lazzarini noted that in the year that Maryellen has been the secretary, she has been unable to attend a meeting in person. Robert Gauthier stated that he doesn’t care who the secretary is he just likes the fact of having the person in the position be someone that is in the town hall full time. Fred suggested that Robert Gauthier speak with Melissa and find out if she’s interested in the position first and what days
and times she’d be available to attend hearings. He also suggested that Robert speak with Maryellen about her availability to attend hearings in person and the possibility of getting minutes to the Board in a more timely fashion. Robert Lazzarini also suggested that an updated job description be created. The Board agreed to stay with Maryellen until all the questions raised tonight could be answered.
Robert Gauthier handed out some binders with suggested general rules to run a meeting/hearing including the flowchart, 40B guidelines and comprehensive permit rules. Robert suggested that everyone look at them and make any suggested changes to them. Robert stated that he wants a hearing to be a real hearing and he doesn’t want presentations to be interrupted.
Fred suggested that the application for a special permit or variance be streamlined. He felt that it was too complicated and all the applicants seem to enter the same answers. Robert Gauthier will work on this.
Dean asked if an alternate was attending a hearing as an observer, should they be allowed to participate in the hearing. Dean stated that at a previous hearing an alternate made comments during the deliberative part of the hearing and it was like having a 6th member sitting on the hearing. The Board agreed that if the alternate is not sitting on that hearing they should be treated as part of the audience and the rules that apply to the general public would apply to them as well.
Cynthia is going to provide copies of a suggested outline she received at a recent conference on how to draft the paperwork when granting a special permit.
The 40B process and procedures were discussed. Questions arose as to whether or not the Planning Board would have their normal jurisdictional rights with regards to the roads leading to a proposed 40B subdivision. Dean commented that he felt those types of issues would be conditions in the ZBA’s decision making process. Scott Jenssen suggested that the Board do research on “cottage” housing; he stated that the eastern part of the state is having a lot of difficulties with this.
Robert Gauthier suggested that all the members of the Board write down all of their questions and concerns about the 40B process and then a workshop will be scheduled with a representative of the Berkshire Regional Planning Commission at the Town Hall.
The hearing concluded at 3:55pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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