Date: April 30, 2008
Time: 9:00 am
Attendees: Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, Vern Jacob, Don Palladino and Christine Bates, Committee Secretary
Business Meeting
Roger Putnam moved to approve the 3/13/08 meeting minutes as presented; seconded by Bruce Drucker; passed 6-0.
Roger Putnam moved to approve the 3/27/08 meeting minutes as presented; seconded by Don Palladino; passed 5-0.
Roger Putnam moved to approve the April 9, 2008 meeting minutes as amended; seconded by Bruce Drucker; passed 6-0.
Roger Putnam moved to approve the April 24, 2008 meeting minutes as amended; seconded by Don Palladino; passed 6-0.
A discussion took place regarding the procedure/process for the April 30 public hearings. It was determined the seating for the board will be in a U position. Drucker, who will be the Acting Chair, stated he will call case individually, allowing the applicant to present their case, the Board will have discussion, and the next case will be heard, then the audience, then the attorney for the owner of the property.
Drucker stated he asked the Town Administrator twice, on behalf of the Board, for an independent attorney and we were denied two times. He was informed addressStreetBetsy Lane, Town Counsel, would be available to the Board and he had a discussion with her regarding procedural questions on how to handle the hearings.
Betsy Lane, Town Counsel, stated she had an interaction with the Selectmen when they asked if they were allowed to appeal and she advised them they could appeal, but has not been involved with their appeal. She stated the conflict of interest law states she is not representing municipal people on an individual basis, she represents the Town of Wellfleet. Ms. Lane discussed the term “standing” as it applies to the Board of Selectmen being able to file an appeal. Attorney Ben Zehnder objected to Ms. Lane advising the Board on this matter and further stated she gave the Selectmen advice on how to structure the appeal. He stated there is a conflict because she is working for the Town and the Selectmen.
Helen Wilson questioned where the money comes from for the services of Town Counsel and does not feel there is a conflict is Ms. Lane represent the ZBA.
Drucker stated he feels the Town is approaching these hearings inappropriately and the ZBA should have had independent counsel. He gave an outline of how the meeting will proceed, keeping the same Board members for each hearing. William Nicholson will be the Acting Vice Chair. Attorney Zehnder stated he will make a motion to dismiss the cases based on the merits and Drucker stated the Board will take them under advisement. It will take four affirmative votes to overturn the decision of the Building Inspector. Lane discussed conflict of interest, prejudgment, interpreting the bylaws, and proper words to use. She advised members to disclose any paperwork or prejudices they may have.
Bruce Drucker moved to adjourn at 9:30 am; seconded by Robert Hankey, passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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