MEMBERS PRESENT: Peter Conner, A. Wendy Longo, Robert Richard, Bill Keohan (arrived late), David Peck, Michael Main, and Marc Betti.
Mr. Conner called the meeting to order and explained the procedures for the evening.
CASE NO. 3389 – STEPHEN GOOD – OSPREY LANE
Sitting: Peter Conner, Wendy Longo, Robert Richard, David Peck, and Michael Main.
Mr. Richard read the legal advertisement into the record.
Attorney Serkey, representing the petitioner, said in June 2005, a zoning permit was issued to Mr. Monteiro. In July 2005, the issuance of the zoning permit was appealed by Mr. Good. In August 2005, the Zoning Board of Appeals upheld the decision of the Building Commissioner and denied Mr. Good’s appeal. In September 2005, Mr. Good appealed the decision of the ZBA to the Land Court. This appeal is under advisement following the filing of cross motions for summary judgment. In May 2006, the Building Commissioner issued another Zoning Permit to allow for renovation of and addition to their existing dwelling and a building permit was issued in July 2006. In September 2006, Mr. Good requested a cease and desist be issued by the Building Inspector and that request was
denied. Mr. Good then appealed to the Zoning Board of Appeals which is got this case before the ZBA tonight. On Monday, November 20, 2006, the court will decide on the pending action. Mr. Good’s only problem is the height. Mr. Good believes that when a house is purchased in an established neighborhood that neighbors should be notified of the house is going to be torn down and re-built.
Public comment offered in favor.
Donna Rose
Public comment offered in opposition.
Attorney Krause, representing the landowner disputed Attorney Serkey’s presentation.
Attorney Serkey said that if the Board believed this project is a renovation then Mr. Manfredi was correct in issuing the permits. If you agree with Attorney Serkey the Board should find that this is a creative but transparent way to stop the Judge from making a decision.
Hearing closed.
CASE NO. 3390 – AUGUSTINO DIODATO – CHERRY STREET
Sitting: Peter Conner, A. Wendy Longo, Robert Richard, William Keohan, and David Peck.
Mr. Richard read the legal advertisement into the record.
Mr. Flaherty, Flaherty & Stefani, representing the petitioner, referred to a written presentation on file in the ZBA office.
Mr. Diodato said that he could build a duplex by right on the land. He would prefer to separate the lots and construct two houses. The number of bedrooms would be the same either way but the two dwellings will give more taxable property to the Town.
No public comment was offered in favor.
Public comment offered in opposition.
Jennifer Shultz
Malcolm Robischeau
Madeline Brenner
Mr. Flaherty said that the water service to the new house will come off Cherry Street.
Hearing closed.
VOTE ON RULES & REGULATIONS
Mr. Conner told the Board members that Peggy Fitzgibbons and Valerie Massard had spoken about this issue and that Peggy was okay with the changes. If the changes become a problem she will let us know and we can change them back.
Mrs. Longo made a motion to accept the new Rules and Regulations.
Mr. Peck seconded.
Unanimously accepted.
Mr. Conner moved to enter into Executive Session to discuss litigation strategy and further stated the Board would return to open session immediately following the Executive Session.
Roll call.
David Peck – yes
William Keohan – yes
Robert Richard – yes
Wendy Longo – yes.
Peter Conner – yes.
Return to open session.
CASE NO. 3232 – MANOMET PONDS, LLC – REGULATORY AGREEMENT
Present: Laura Pawle and Judith Cutler – Counsel from Kopelman & Paige.
Attorney Kraus, representing the petitioner, said that his client was here to get a sign off on the Regulatory Agreement and the waiver to be in compliance with the new guidelines set by Mass Housing. The new guidelines effect the cost certification.
Attorney Cutler, said that by signing the waiver the Town is giving up the right to insure the ability to monitor the cost.
Attorney Pawle, said that the Comprehensive permit that was negotiated and the Regulatory Agreement do not agree. The developer agreed to the conditions and now Mass Housing has decided that based on their documents that the condition is not acceptable. These changes are guidelines not the law or regulations. There guidelines are also in draft form.
Attorney Cutler, said that she would contact MassHousing to get a determination on condition 9B and what the problem is for them. She will get back to the Board with the response from MassHousing and then the Board can schedule another meeting with the petitioner and Town Counsel if needed.
VOTES:
CASE NO. 3389 – STEPHEN GOOD – OSPREY LANE
Mr. Richard made a motion to uphold the Building Commissioners decision and deny the petitioner’s request.
Mr. Main seconded.
Unanimously denied.
CASE NO. 3390 – AUGUSTINO DIODATO – CHERRY STREET
Mr. Peck made a motion to approve Case No. 3390 with a condition regarding the utility easement.
Mrs. Longo seconded.
Unanimously granted.
No further business came before the Board.
Respectfully submitted,
Peggy Fitzgibbons
Administrative Assistant
Approved 11/27/06
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