CITY OF TAUNTON
ZONING BOARD OF APPEALS
SEPTEMBER 11, 2008
Members Present: Dennis Ackerman, Gill Enos, Wayne Berube, Peter Wasylow, John Joyce, and Joseph Amaral.
Meeting opens at 6:50 p.m.
Gill made motion to accept minutes of July 17, 2008 seconded by Peter. All in favor.
Chairman Ackerman asked for a Moment of Silence to honor of September 11, 2001 victims.
Request for 6-Month Extension - Case # 2883 - to expire on Oct. 18, 2008. – for property located on Fremont Street – Alec Rich
Motion made and seconded to Grant 6-month Extension
Vote: Enos, Ackerman, Wasylow, Amaral, Berube…….Yes
6-Month Extension Granted:
At this time Chairman Ackerman explained the public hearing process. First the Attorney and/or petitioner present their case, then opposition/in favor is allowed to speak and then the petitioner/attorney is able to respond. There will be no going back and forth between petitioner and opposition/in favor.
Cont’d. Case # 2899 Taunton Service Station 48 Broadway
A Special Permit from Section 5.3.4 of the Zoning Ordinance to the extension/modification of a previously approved Special Permit (Case # 2843) by allowing four (4) parking spaces to be utilized for used car sales.
Wayne Berube and Joe Amaral excused themselves from this case. It was discovered that there would be only 4 members sitting on this case and the Chairman gave the petitioner the option to continue for 5 members?
Motion made and seconded to continue until November meeting to have full Board.
Vote: Ackerman, Enos, Wasylow……Yes
Joyce……………………………………No
Motion passed and continue to November 13th meeting.
Case #2927 DaRosa 17 Pinehill St.
Hearing held on September 11, 2008
For: A Variance from Section 6.2, 6.2.5 & 6.3 of the Zoning Ordinance to allow the re-configuration of one lot into two lots without having the required frontage, lot area, lot width, dry area and shape factor. Lot 1 having an existing single family dwelling with 15,000 sq. ft. (instead of 30,000 sq. ft.) with 90 feet of frontage (instead of 125’) 90 feet of lot width (instead of 100’) 15,000 sq. ft. of dry area (instead of 22,500 sq. ft.); Lot 2 having 30 feet of frontage (instead of 125’) with 30 feet of lot width (instead of 100’) with 17,477 sq. ft. of lot area (instead of 30,000 sq. ft.) with 17,477 sq. ft. of dry area (instead of 22,500 sq. ft.) with a shape factor of 42 (instead of 40” for the construction of a single family dwelling.
For the Petitioner: Eleanor DaRosa, 17 Pinehill St., E. Taunton, Ma.
Derek DaRosa, 17 Pinehill St., E. Taunton, Ma.
William Hannigan, 653 Foundry St. So. Easton, Ma.
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In favor: None
Opposed: None
Ms. DaRosa presented pictures to the Board showing lot. She states there was previously a trailer on proposed lot but has been since removed. Her parents purchased the house and lot and there are 2 telephone poles and water line going back to back lot. The trailer was removed about 10 years ago and now it’s overgrown. She wishes to square off lot and give back lot to her son to build house. Gill asked about the driveway? It’s dirt in the pictures presented? Ms. DaRosa answers yes it’s dirt and but each lot will have own driveway. Now there is a horseshoe driveway. Chairman Ackerman stated that on the presented plans it shows her driveway beginning on new lot. Joe asked if new driveway would to be right of pole #6 on plans? Ms. DaRosa answers yes. Mr. Hannigan stated they
will make dedicated driveway and terminate horseshoe shape. John asks what are their plans for the driveway? Are they planning on paving? Ms. DaRosa answers yes. Chairman Ackerman suggests having some kind of barrier, either a fence or shrubbery. John doesn’t think a fence or shrubbery is warranted her. These are families living next to one another, if for some reason ownership changes in future, they can put barrier up. Wayne stated houses get sold and he thinks it would be good idea, since the property is kind of small for this area? Wayne asked the makeup of the neighborhood? Chairman Ackerman stated the surrounding properties consist of lots sizes between 7,000 sq. ft. and range up to 26,000 sq. ft. John stated he very familiar with the neighborhood and this fits into the neighborhood. Ms. DaRosa stated all the houses were built around the same time. Letters from the City Planner,
Fire Dept., Water Dept., Conservation Commission and B.O H. were read into the record.
Motion made and seconded to grant with the following conditions:
1. Lot 2 must have emergency turnaround to accommodate fire apparatus.
2. Shrubbery and or/fencing to be erected to eliminate the existing horseshoe driveway eliminating entrance to Lot 1 from new lot.
3. Driveway for Lot 2 to be asphalt (as presented at hearing) up to and 5 feet past #17 or #11 Pinehill Street (whichever is furthest back)
Vote: Berube, Wasylow, Enos, Ackerman, Amaral .………………..Yes
Petition Granted:
Case #2928 Feliciano 400 Washington St.
Hearing held on September 11, 2008
For: A variance from Section 7.8 to allow the dwelling conversion of a two-family to a three-family dwelling having 7,729 sq. ft. instead of 15,000 sq. ft.
For the Petitioner: Bobby Feliciano, 400 Washington St., Taunton, Ma.
In favor: None
Opposed: Kathryn M. Rogers, 407 Washington St., Taunton, Ma.
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Mr. Feliciano states he wishes to convert his 2 family into a 3-family. When he purchased property it was being used a 2 family with the 3rd floor as a townhouse style by the 2nd floor tenants. Mr. Feliciano stated the third floor has a full bathroom and kitchen sink with outlets. John asked how the home is set up. Mr. Feliciano answers first floor has 4 bedrooms, 2nd floor has 3 bedrooms, and 3rd floor will have one bedroom. Joe asked if he lives there? Mr. Feliciano answers yes he lives on second floor. Peter asked about 2nd means of egress? Mr. Feliciano states there is an existing fire escape and there is a side entrance. All floor have access from the staircase. Joe asked if the parking shown on plans is existing? Mr. Feliciano answers
no, he has 4 parking spaces there and needs to add 2 spaces. Wayne asked if he was renting any floors? Mr. Feliciano answers yes first floor is rented and he lives on second floor. Joe stated he has to have 2 means of egress per the building code. Wayne asked he would have to do renovations? Mr. Feliciano stated not really, there is already a bathroom, drywall and outlets. He stated there are no cabinets or appliances. Peter asked how much room is between porch and property line? Mr. Feliciano guesses about 20 25 feet? Peter stated he would need to add another 2 parking spaces? Mr. Feliciano answers yes. Letter from Kathryn Rogers, 407 Washington Street, opposed to request. Mr. Feliciano responded to her letter stating there are several multifamily home in the neighborhood. It was asked where on Washington Street this was? Mr. Feliciano answers 4 houses down from Art’s Bakery. Several Board
members stated that neighborhood consisted of smaller lot with multi-family dwellings on them. Letters from the City Planner, Conservation Commission, Water Dept., Fire Dept., Board of Health were read into the record. It was asked if there was sewer? Mr. Feliciaono answers yes wate r& sewer.
Motion made and seconded to grant as Presented:
Vote: Ackerman, Amaral, Wasylow, Berube, Enos. .………………..Yes
Petition Granted:
Case #2929 Bairos 301 Middleboro Ave.
Hearing held on September 11, 2008
For: A Variance from Section 6.3 of the Zoning Ordinance to allow the re-division of one lot into two lots to reflect the current configuration of the lots. (See Case # 1955 issued in 1993) Assessor’s Lot # 95-74 having 16,000 sq. ft. (instead of 30,000 sq. ft.) with 16,000 sq. ft. of dry land (instead of 22,500 sq. ft.) and Assessors Lot# 95-75 having a single family dwelling with 17,288 sq. ft. (instead of 30,000 sq. ft.) with 17,288 sq. ft. of dry area (instead of 22,500 sq. ft.) on premises situated on the south side of Middleboro Avenue, east side of Wynne Street, north side of Fairbanks Avenue, Taunton, Ma. and is known as number 301 Middleboro Avenue, E. Taunton, Ma
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
Mark Bairos, 301 Middleboro Ave., Taunton, Ma.
In favor: Ron McCabe, Center St. had concerns with drainage.
Opposed: None
Atty. Gay stated they petitioners purchased property in February 2004 and shortly before the ZBA granted a variance for 3 lots. Variance #1955 granted for a single family house which is 301 Middleboro Ave., which also created lot adjacent, Property I.D. 95-77 (McCabe). The plans was endorsed by the Planning Board and recorded at Reg. of Deeds. There is one lot left but petitioner owns one lot and he & wife own other lot so the City Planner informed them they merge for common ownership. Atty. Gay is requesting the Board to re-instate the variance that was previously granted. Atty. Gay stated the previous Variance found that the lot was unique
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because it had frontage on 4 streets (3 streets now). The lots are serviced by Municipal Water & Sewer. Nothing has changed and the City has been taxing for buildable lot. The lot was assessed for $80,000, $123,000 in 2005 and $141,000 in 2007. All the division lines will remain the same. Mark Bairos, 301 Middleboro Ave.,
Stated is parents have lived in neighborhood for 40 years. And he is getting married next September and wishes to construct house. Ron McCabe, Center Street presented pictures to Board showing some water on property. He isn’t opposed just doesn’t want more water on his property. He was well aware when he purchased property from petitioner there would be another house. He said they are great neighbors, good people but the land is very flat and has water. He has water going into his foundation. Atty. Gay stated he would look into that and would have the grading away from house. John asked who the contractor would be building the house? The petitioner stated Tony Bairos. John stated he wouldn’t worry about it. It was suggested putting drywells and having the City Engineer review plans before building permit issued
and approved drainage. Letters from the Board of Health, City Planner, Conservation Commission, Water Dept., and Fire dept. were read into the record.
Motion made and seconded to grant with the following condition:
1. New house must have Drywells.
2. City Engineer to approve drainage prior to building permit being issued.
Vote: Ackerman, Enos, Berube, Wasylow, Amaral ……..………………..Yes
Petition Granted:
Case #2930 Jorge 3 Barnum St.
Hearing held on September 11, 2008
For: A Special Permit from Section 5.3.4 of the Zoning Ordinance to allow the alteration of a pre-existing non-conforming structure by allowing a 10’ x 19’ addition having a 15.14’ rear setback (instead of 20 feet) and to allow the alteration/extension of the existing garage by allowing a second floor having a 2 foot rear setback (instead of 20 feet) and a 2 foot side setback (instead of 15 feet) on premises situated at 3 Barnum Street, Taunton, Ma.
For the Petitioner: Joshua Jorge, 3 Barnum St., Taunton, Ma.
In favor: None
Opposed: None
Chairman Ackerman thanked the petitioner for volunteering to file for September meeting so they could have August off. Mr. Jorge passed out sketch showing what the addition would look like. He is proposing to construct a 10’ X 19’ addition connecting house and garage. He is also proposing to construct a second floor to the exiting garage. Mr. Jorge stated the first floor is kinda small and there is only one bedroom and feels like an apartment. This will give a little more living space. Gill asked what the room would be above garage? Mr. Jorge answers a recreation room for now. There will be spiral staircase in the garage for entry. Letters from the City Planner, B.O.H., Conservation Commission, Water Dept. and Fire Dept. were read into the record.
Motion made and seconded to grant as Presented:
Vote: Amaral, Berube, Wasylow, Enos, Ackerman ……..………………..Yes
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Petition Granted:
Case #2931 Indeck 110 Powhattan Dr.
Hearing held on September 11, 2008
For: A Special Permit from Section 7.9 of the Zoning Ordinance to allow an accessory dwelling unit and a Variance from Section 7.9 #4 to allow the accessory dwelling unit to be over the maximum 700 sq. ft. (proposal 813 sq. ft.) on premises situated at 110 Powhattan Drive, E. Taunton, Ma.
For the Petitioner: Steven & Risa Indeck, 110 Powhattan Dr. Taunton, Ma.
Jeff Crawford, Contractor
In favor: None
Opposed: None
Mr. Indeck stated they wish to construct an in-law over the existing garage. Chairman Ackerman informed them they would be required to renew every 5 years? They were unaware but will comply. It was asked if they had to come for public hearing and the secretary informed them they would. Peter thought the ordinance should be reviewed. No opposition. Letters from the City Planner, Water Dept., B.O.H., Conservation Commission, Fire Dept. and Malloch Construction were read into the record.
Motion made and seconded to grant as Presented:
Vote: Wasylow, Berube, Enos, Amaral, Ackerman .. .………………..Yes
Petition Granted:
Case #2932 Internal Medicine & Preventive Care 233 Winthrop St.
Hearing held on September 11, 2008
For: A Variance from Section 5.2 of the Zoning Ordinance to allow the conversion of an existing residential dwelling to a medical office building on premises situated on the northerly side of Winthrop Street, Taunton, Ma. and is known as number 233.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
In favor: Letter from Joyce Siogros Pepi, D.M.D., 225 Winthrop St., Taunton, Ma.
Petition signed by 8 abutters in favor.
Opposed: None
Atty. Gay stated the subject property is about five houses down from Anderson Street. The property next door has been converted into a dental office and is working well. Atty. Gay stated is father is a direct abutter to exiting dental office and they have been good neighbors. There is also a medical office and another dental office in the immediate area. Some of the existing businesses have the owner living there also. Atty. Gay stated there will be minor modifications to the building and the only variance they need is for the use. Route 44 is a heavily traveled street and it’s not conducive to residence being located close to roadway. Several houses have been
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converted over the years. Atty. Gay argues that Winthrop Street is a major roadway into the city and is no longer conducive for residence too close to roadway. He submits petition signed by abutters in favor. Atty. Gay stated Mr. Doherty who signed petition in favor request a fence which they are in agreement with. Chairman Ackerman stated that Mr. Doherty wishes to have chain link fence. Atty. Gay stated they were think nice white vinyl but would be happy to let Mr. Doherty pick out one. Letter from Dr. Joyce Siogros Pepi, DMD in favor. Letters from the City Planner, B.O.H., Conservation Commission, Fire Dept., and Water Dept. were read into the record. No opposition.
Motion made and seconded to grant with the following condition:
1. A 4 foot fence to be erected (type of fence to be agreed upon by Mr. Doherty & petitioner) along the rear of property.
Vote: Wasylow, Enos, Ackerman, Amaral, Berube..………..Yes
Petition Granted:
Case #2905-Modification Cedarwood Dev. Inc. 438 Broadway
Hearing held on September 11, 2008
A Variance from Section 6.3, 7.1.1 of the Zoning Ordinance to allow the construction of a 6,124 sq. ft. retail building with a waiver of the landscaping buffer from 15 feet to 3 feet and a rear setback of 20.5’ instead of 30 feet.
For the Petitioner: Scott Holman, Cedarwood Development Inc., 1765 Merriman St., Akron, OH
Phil Cordeiro, P.E., Allen & Major Assoc., Inc., 40 N. Main St., Middleboro, Ma.
In favor: None
Opposed: None
Mr. Holman stated in April of this year they were before the Board and was approved for Advanced Auto located at 438 Broadway. Mr. Holman stated they have made some changes to plan and now need relief from the landscaped buffer. They moved the loading dock and now it’s in the landscaped buffer. Phil Cordeiro, P.E., Allens & Major Assoc. stated they re-located the loading dock from front and put in back. Chairman Ackerman stated at last hearing the biggest concern was the truck delivery and truck movement? It was noted there would be only 1 delivery per week. Chairman Ackerman stated he likes this proposal better. This is what he wanted all along. John stated he was in favor of original plan. He had concerns then with the prototype of the store and it cannot be changed and now it’s been changed. Chairman Ackerman stated during testimony it was suggested having the deliveries prior to the opening of the store. The stores open at 7:30 AM. Chairman Ackerman also pointed out the
right hand turn only coming out. He stated this new proposal is safer. It was changed the applicant wanted to change the delivery to allow them to have them when the store is open, perhaps at 7:30 am. It was suggested putting restriction having delivery between 7:00 -9:00 AM. Wayne stated in the original decision it restricted to hours of deliveries. John stated this new plans defeats the purpose of the Board tying to put this building on this site safely. He stated the lots is too small, building too big and he suggests adding traffic island to eliminate possible left hand turn out onto Broadway. Mr. Holman stated the drivers are not going to make a left to get out, they are on schedule and would not want to wait. Chairman Ackerman stated he likes this plan better. John stated, as police officer, he cannot enforce the “sign” no left turn” because it’s on private property. Peter asked why does the Board
put conditions if we have no authority? John re-iterated he has
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problem with whole proposal. It was suggested putting 6-month review and informing the ZBA of delivery so someone can witness deliveries? Wayne stated the first (western exit) cannot be utilized for delivery truck exiting. After much discussion it was stated the Eastern Exit was for Entering only and the Northern Exit for exiting only.
Motion made and seconded to Grant with the following conditions:
1. The second access (northerly access) limited to right turn exit only subject to Mass. Highway approval. Sign must be posted stating “Right Turn Exit Only”.
2. There shall be a minimum of 25 parking spaces.
3. The eastern access entrance for trucks only.
Vote: Ackerman, Amaral, Wasylow, Berube, Amaral .………….Yes
Petition Granted:
Case #2906–REMAND Arista Yarmouth LLC Broadway & Washington St.
Hearing held on March 13, 2008 cont’d. May 8, 2008
For a Variance from Section 6.3, 7.3, 7.1.1, 4.4 and a Special Permit from Section 5.2 of the Zoning Ordinance to allow the construction of a 54,530 sq. ft. building to be used as a Pharmacy with Drive Thru without having the required 30 foot rear setback for the canopy (proposed 24 feet) and the location of an access curb cut to be 19 feet from the intersection of Washington Street & Broadway (instead of the req’d. 70 feet) and to allow the entire parcel (and an extra 11,816 sq. ft.) for Highway Business purposes (instead of the 10,000 sq. ft. allowed) to allow the reduction of the landscaped buffer areas to 7.5 feet (instead of 15 feet) and 5 feet (instead of 10 feet) and a Special Permit to allow the Drive Thru on premises situated on the corner of Washington Street & Broadway, Taunton, Ma and is known as 226
Broadway, 310, 312, 316 Washington Street, Taunton, Ma.
For the Petitioner: Atty. David Gay, P. O. Box 988, Taunton, Ma.
Matthew Smith, P.E., Bohler Engineering Co. Inc., 352 Turnpike Rd.
Southboro, Ma.
Scott Weymouth, Arista Development LLC, 520 Providence Highway, Norwood,
Ma.
In favor: Matt & Debra Pimentel, 312 Washington St., Taunton, Ma.
Roy & Ana Collins, 316 Washington St., Taunton, Ma.
Opposed: Tad Pietnik, 9 Pierce Ave., Taunton, Ma.
William Swartz, 8 Pierce Ave., Taunton, Ma.
Atty. Gay stated this case was Court remanded back to the ZBA consideration. The Board granted the curb cut but denied the Special Permit for drive-thru. The applicant appealed to Superior Court and the Board at that time stated several reasons for denial. The vote was 3 in favor 2 opposed, the opposition referenced safety hazard for the drive-thru and safety for the deliveries. Atty. Gay stated the applicant has moved the drive-thru from the rear of the building to the side of the building. This resulted in a minor shift of the curb access. They have re-examined and finds that trucks can get thru. Atty. Gay submitted letter from engineer stating such. After they filed appeal and showed court new plan they suggested remanding back to ZBA. Chairman
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Ackerman asked if they are going to re-solidify improvements on Broadway? Atty. Gay stated those conditions stand on the approval of the curb access which was granted. Those conditions could implement those improvements. Chairman Ackerman spoke very strongly about safety with the drive-thru and likes this proposal better. Chairman Ackerman wanted to re-iterate that this use is ALLOWED BY RIGHT and could go in tomorrow with the exception of the drive-thru. Joe also stated he was very concerned with the drive-thru window being in the back of building and is glad to see the change. Atty. Gay stated in moving the drive-thru the buffer in back actually is a little bigger now. Wayne stated we would listen to public input but reminded we have to listen to drive-thru window only. In favor: Matt
Pimentel, 312 Washington St. stated this would be an added benefit to the neighborhood. Debra Pimentel, 312 Washington St., also in favor, this will had jobs and tax revenue to the City. Roy & Ana Collins, 316 Washington St., also in favor. Opposed: Tad Pietnik, 9 Pierce Ave. stated he appreciates all the work that has been done by the developer but still has concerns. He stated, in his opinion, the use is not beneficial to the residential neighborhood. The site hasn’t been designed to minimized the traffic it ‘s going to increase traffic. He stated, under the Ordinance, the needs have not been met by the applicant, warrant the granting of request. He stated the people appearing in favor have a vested interest, their homes are being purchased by the applicant, and they no longer will be abutters. Chairman Ackerman stated they are abutters now and entitled to speak. Opposed: William Schwartz, 8 Pierce Ave. also
concerned about added traffic in the established residential neighborhood. He stated there will be no additional benefit to the neighborhood. He stated there is a Rite Aid right across the street. He reported there was a incident where the police were called at Walgreen on Tremont Street and that is going to happen more often now that there is a pharmacy here. He reference EPA and the air pollutions relative to truck traffic & exhaust systems. Chairman Ackerman stopped him and asked if he could only comment on the drive thru, the only reason they are here tonight. Chairman Ackerman stated the truck deliveries are going to be on site anyway, so there is no added traffic. He stated, as part of previous testimony, there is only about 3-4 cars in the drive-thru line. Chairman stated, as a former City Planner, this is better with a faster flow. John stated the traffic in the drive-thru is a minute. Joe stated if Dunkin Donuts
came to us today, (they are grandfathered) he would not probably vote for that but they cannot, as a Board, do anything about that now. Mr. Schwartz opposes. He has recently put house on market and he has had concern with prospective buyers concerned with what is going in there. Peter asked about the fencing and berm that was going to be installed? Atty. Gay stated the drive-thru doesn’t create additional traffic and in moving the drive-thru the petitioner has addressed the Board’s concerns. There will be trees planted on the berm area creating buffer. Letters from the City Planner, Conservation Commission, B.O.H., Fire Dept. and Water Dept. were placed on file. Peter asked how far is it from the drive-thru to the first curve? It was answered 62 feet from the edge. He was trying to point out the drive-thru isn’t really located near the residences in back. John stated this is one of the worst intersections and
one entrance would be much safer. He thinks, in his opinion, the second access is creating safety hazard. Chairman Ackerman stated they have moved the drive-thru like he wanted for a safety reason and he will be endorse this new change.
Motion made and seconded to Grant Special Permit for Drive-thru with the following condition:
VOTE: Amaral, Ackerman, Wasylow, Berube, Enos ………Yes
Motion made and seconded tore-affirm vote to Grant Special Permit for curb cut with the following condition:
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1. Implement improvements (such as turning signal, changing signal heads, increasing delays at intersection) as presented at hearing and approved by the City Engineer and TMLP. See Greenman-Pedersen Letter dated: 9-10-08. Seconded by Joe.
VOTE: Ackerman, Amaral, Berube, Wasylow, Enos……Yes
Petition Granted:
OTHER BUSINESS:
Powhattan Estates – Completion of Subdivision – Audit submitted & request to release last lot 77 (holding $71,635.48)
Chairman Ackerman read letters from the City Planner, Atty. Mark Bobrowksi and Jim Salvo in regard to the completion of the subdivision and audit. Chairman Ackerman read an e-mail from Atty. Bobrowski was a “partial Audit” as best. Chairman Ackerman recommends this being forward to the City Solicitor for review and guidance. There was some discussion relative to a letter being sent to the Council not recommending acceptance of streets. Chairman Ackerman suggesting referring to the City Solicitor and he will work with Atty. Bobrowski. Joe stated according Chapter 40B the guideline have not been relative to the audit. Gill stated they are expected to submit a detailed audit, including all receipts, to be examined. Mr. Salvo stated that the firm that conducted the audit was recommended
by Mass. Housing and they reviewed all 91 HUD houses sold by 3-31-08 and they found no transactions at arms length. All the affordable units were sold per the lottery that was conducted. Mr. Salvo stated the audit was conducted in a professional manner and the firm was an “independent accountant”. Chairman Ackerman stated this was a major project and he wants to be fair to everyone. He suggesting asking City Solicitor and see what he recommends and report back to ZBA. Joe Malloch stated there is a provision under Chapter 40-B for a partial cost certification. He noted out of the 120 homes 117 homes are built and in the 55 & over there are 17 homes out of 30 built. The roads are done, handicapped ramps done, and it may take another few years to sell the remaining houses? John states as long as the partial cost certification is thorough they could consider it? It was suggested that the accountant meet with
Steve & Atty. Bobrowski. Chairman Ackerman stated they need to get permission from the Law Dept..
Wayne made motion to refer all the documents to the Law Dept to review and seeking instruction from City Solicitor, Seconded by Peter All in favor.
Chairman Ackerman informed Bruce LLC to go thru the Law Dept. and NOT call Atty. Bobrowksi on this. Everything must go thru the office & Law Dept. There was some discussion on who works for who? Several Board members were under the impression that Attorney Bobrowski worked for the applicants? Chairman Ackerman explained that Attorney Bobrowksi works for the ZBA and they can’t just bypass the ZBA and call Attorney Bobrowski? It was suggested taking no action at this time for the street acceptance.
Chairman Ackerman stated Mallloch Construction is also looking to release the last lot, Lot 77. Letter from the City Planner recommending release with no additional surety being required.
Wayne made motion to release Lot 77, seconded by Peter. All in favor.
Motion to adjourn meeting at 9:46 PM.
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