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Zoning Board of Appeals Minutes March 4, 2009
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.

Members present:  Peter Conner, A. Wendy Longo, David Peck, Marc Betti, Michael Main, and Edward Conroy

Member absent: William Keohan

Staff present: Peggy Fitzgibbons, Paul McAuliffe, and Jason Silva

Mr. Conner called the meeting to order and explained the procedures for the evening.

Public Hearing
#3517 – BALBONI, LLC
                Camelot Drive

Sitting:  Peter Conner, A. Wendy Longo, David Peck, Michael Main, and Marc Betti.

David Peck read the legal advertisement into the record.

Attorney Betters, representing the petitioner, said the wind turbine was 80 meters, 262’ high. The turbine to the tip of the blade is 389’ in height.  The Nickerson property is in the fall zone however an agreement has been reached and a Restrictive Covenant will be recorded at the Registry of Deeds.  An escrow account for the removal of the turbine will be established.  The Planning Board recommendation references 294’ in two different areas of their report and that information is incorrect the turbine to the tip of the blades is 389’.

Mr. Tabaczynski, Atlantic Design Engineers, reviewed the site plan and all documents submitted with the filing.  Pictures were shown to the Board depicting the turbine views from different areas of the Town.  

Public comment offered in favor.
Mr. Bramhall

No public comment offered in opposition.

Hearing closed.

Informal Matter
#3387 – BOG VIEW, LLC
                Beaver Dam Road

Sitting:  Peter Conner, David Peck, and Michael Main.

Mr. Conner said that the Board received a request from Mr. Tripp to extend his Comprehensive Permit and upon advice from Town Counsel the Board can consider the request for the extension based upon the written request.

Mr. Main made a motion to change the wording in Section III. Conditions, D. Ownership and Affordability, paragraph 57, deleting the words “two years” in the first sentence and replacing them with the words “four years”.


Informal Matter
#3505 – E. PHILIP LEWIS
                Brush Hill Road

Sitting: Peter Conner, Wendy Longo, David Peck, and Michael Main.

Mr. Flaherty, representing the petitioner, referred to his letter dated December 1, 2008 requesting a review and approval of conditions.

Mrs. Longo made a motion to accept Conditions No. 1, 2, 3, 4, & 6 as complete.

Mr. Main seconded.

Unanimously granted 4-0.

VOTE:
# 3517 - BALBONI, LLC

Mr. Main made a motion to approve Case No. 3517 with conditions.

Mr. Peck seconded.

Unanimously granted.

Mr. McAuliffe, Director of Inspectional Services, requested that the Board change the conditions on future permits to read zoning permit not building permit.  

No further business came before the Board.

Respectfully submitted,



Peggy Fitzgibbons
Administrative Assistant


Approved 3/6/09