Minutes of Zoning Board of Appeals Public Meeting
Date: April 9, 2008
Time: 8:00 AM
Attendees: Trevor Pontbriand, Bruce Drucker, Roger Putnam, Manny Heyliger, William Nicholson Robert Hankey, Don Palladino, Vern Jacob and Christine Bates, Committee Secretary
Trevor Pontbriand called the meeting to order at 8:00 am.
Trevor passed out information regarding conflict of interest information and questions regarding case.
Town Counsel stated that only regular members are involved in the roll call. Alternates do not vote in Executive Session. Part of the motion has to be to go back into regular session.
There was discussion regarding the lack of representation from Town Counsel. Attorney
Ben Zehnder stated he proposed the possibility to have a remand with Town Counsel. The form of the motion will state there were irregularities in the vote. He will ask the court to approve the motion to authorize a remand hearing. It will be considered a new hearing. He has been working with Mary Giorgio and wants it to be neutral. There was agreement between the two attorneys that the first hearing was compromised. He feels Manny should not be a part of the next hearing, if it should take place.
Bruce asked if the article regarding allowing restaurants in the central district gets passed, would we have to hear this again. Ben stated yes, because they need to get a Special Permit.
Trevor Pontbriand moved to go into Executive Session for the purpose of discussing litigation strategy in connection with pending litigation on Case 08-05 (Balch/Case) and resuming the regular meeting after Executive Session. seconded by Bruce Drucker:
Poll: Bruce Drucker –yes, Robert Hankey - yes, Vern Jacob - yes, William Nicholson - yes, and Trevor Pontbriand - yes. .
Bruce Drucker reviewed the open meeting laws regarding alternate Board members in Executive Sessions.
Attorney Zehnder stated he does not have a problem with Associate members but does have a problem with people who have a conflict of interest and should recuse themselves. The court could state the permit is not valid if any members who participate has a conflict. There was discussion regarding Manny Heyliger not making a disclosure of his family members employment. Members of the Board disclosed family members and themselves associated with the owners of the Bookstore Restaurant or owners of the former Captain Higgins. Attorney Zehnder stated it is a direct financial interest that would be a conflict. Ben stated the Board cannot make anyone step down.
Trevor Pontbriand stated if anyone has a conflict of interest, they should recuse themselves. Four members recused themselves. Bruce Drucker recommended contacting the Town Administrator or Chairman of the Board of Selectmen to advise them the ZBA Board is unhappy with not having Town Counsel available for advice. Trevor Pontbriand will make phone calls, and then send a letter.
The business meeting adjourned at 8:55 am.
The business meeting reconvened at 9:10 am.
There was discussion regarding the appeals for the Billboard House at 1440 Chequesset Neck Road. Trevor stated the Town Administrator did not approve the Board having a meeting with Town Counsel prior to the hearings. Trevor suggested having the Board e-mail him their concerns regarding this case and he will work with Town Counsel by telephone for advice. Bruce Drucker expressed his concern with Town Counsel advising us as well as the Board of Selectmen, who are one of the appellants.
Trevor Pontbriand moved to adjourn the business meeting at 9:25 am; seconded by Bruce Drucker; passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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