ZBA Administrative Meeting Minutes
Date: 6/29/11
Hearing began at: 2:50pm
Members Present: Robert Lazzarini, Chair, Fred Chapman, Vice-Chair, Dean Amidon, Clerk, Cynthia Weber and alternate Jonathan Levin
Also present: Charles Ferris, Attorney
The Board met to reorganize the chair, vice-chair and clerk positions. A motion was made to appoint Fred Chapman as the Chairperson, Dean Amidon as the Vice Chairperson and Cynthia as the Clerk. The motion was seconded and passed unanimously.
The Board reviewed a written request from the Monterey Select Board on behalf of the Town of Monterey to withdraw application #11-06 without prejudice. A motion was made to allow the applicant to withdraw without prejudice and was approved unanimously.
Charles Ferris was present to inquire about the appeal that the Board will be discussing on July 11th (this was remanded back to the ZBA to make further findings). Charles represents one of the abutters that made the original appeal and wants to know if Mr. Ehrlich will be allowed to speak at that meeting and if the hearing will be reopened for the public to comment and introduce new evidence. Jonathan Levin stated that he would be reluctant to reopen the hearing and allow people to speak to the Board but would not be against an abutter submitting something in writing for the Board to review.
Fred stated that his initial inclination is that it is a public meeting but that there should be no public input unless the Board reopens the hearing. Fred stated that the Board has received a letter on the matter from the abutters in which they presented new information which he personally did not feel was “new” or “dramatic” information. Charlie stated if the hearing is reopened he plans to have an expert witness (a real estate broker) testify if the hearing is reopened.
The Board was reminded that this item/topic was not on the posted agenda and therefore shouldn’t be discussed as well as there is another hearing scheduled to occur right now. Members were asked if they had any issues with reopening the hearing on the 11th and the Board was divided but did understand that a main concern of the abutters was loud music being amplified and noted that if it’s after 10pm their concerns should be made to the police in the for of a “disturbing the peace” complaint. The Board advised Mr. Ferris that it was likely the hearing would not be reopened but his client was welcome to attend.
The hearing concluded at 3:18pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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