|                                   ****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 
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