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November 13, 2014
                                  ****APPROVED****                      cc: Town Clerk
 RUTLAND ZONING BOARD OF APPEALS
          November 13, 2014
                               TOWN HALL – 250 MAIN STREET
                                                            6:30 P.M.
                                     *******Minutes********

Present:        Richard Surrette, Chair 
                Chris Senecal, Vice-Chair
                Paul Kirrane, Associate Member  
Robert Paulsen, Member
Peter Van Dyke, Associate Member
Lynn Miller, Secretary

Absent: 
                Arthur Wells, Associate Member

                        
        Opening of meeting by the Chairman:    
                Richard Surrette opened the meeting at 6:30 pm.

Acceptance of Minutes:     Richard Surrette motioned to approve of the minutes of July 23, 2014. Peter Van Dyke seconded. Motion made and seconded. Vote was unanimous.

Chris Senecal motioned to approve amended minutes of October 23, 2014. Richard Surrette seconded. Motion made and seconded. Vote was unanimous.

The Board of Appeals will be referred to as the “Board”.

Public Hearings:

6:30 p.m.

 (Continuation)
 Robert & Corrine Puliafico, 1 Edson Place, P.O. Box 3, Rutland, MA
  is seeking a Variance to add a third apartment in the basement of an existing duplex      
          located at 11A & 11B Sunnyside Avenue.

              Voting members: Richard Surrette, Chris Senecal, Paul Kirrane

          Present:

           Mr. & Mrs. Puliafico, petitioners
           Thomas & Barbara Ruchala, 25 Maple Avenue
           Ruth & Ken Lowe, 14 Edson Avenue
              Will Cassanelli, Interim Building Inspector

The Board reviewed the memo from Will Cassanelli, dated 11/5/14. The Interim Building Inspector stated in the memo that he determined the property to be in the Residential District, R-40. They also reviewed the letter from Attorney Paul Cranston, dated 11/13/14. He stated that after reviewing the town bylaws it appears that the applicant
ZBA MINUTES                                         November 13, 2014                            PAGE 2/2


has not met any of the required criteria under the statute or bylaw. Without meeting the necessary criteria, the Board would not have the authority to issue the variance.

Mr. Lowe disagreed with  Attorney Cranston’s letter.
Mr. Ruchala spoke about the process of changing the zoning for that property.

Peter Van Dyke made a motion to vote that the Board does not have the authority to vote on this application. Chris Senecal seconded. Motion made and seconded. All in favor.

The petitioner withdrew her application. Written withdrawal was given to the Board and filed with the Town Clerk’s office.

        
Correspondence: none

Administrative:
  
   Next scheduled meeting:       April 23, 2015 @ 6:30 pm              

   Bills:  none

New Business: none

Old Business:    

Adjournment:   Richard Surrette motioned to adjourn. Paul Kirrane seconded. Vote was unanimous. Meeting adjourned at 7:25 p.m.

Respectfully Submitted, Lynn Miller, Administrative Assistant