: August 13, 2008 Business Meeting
Time: 8:05 am
Attendees: Vern Jacob, Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, , Don Palladino, Manny Heyliger, Tom Reinhart, Helen Miranda Wilson and Christine Bates, Committee Secretary
Business Meeting
Vern Jacob opened the meeting at 8:05 am. He stated the Selectmen handed out the proposed changes to the bylaws at the Board of Selectmen’s meeting on 8/12/08. There was discussion regarding the proposed bylaw changes within the National Seashore and town. The Selectmen have announced a special meeting for August 19, 2008 to resume a discussion.
Bruce Drucker stated he and Vern Jacob had sent a memo to the Board of Selectmen and Town Administrator regarding counsel for the Appeal by the United States of America. He stated Attorney Ben Zehnder had asked to meet with the Board regarding counsel for the appeal and the Board was told by the Town Administrator that Town Counsel had instructed they should not communicate with him on this subject. There was discussion related to the legal process in Land Court and the fact that the ZBA cannot engage counsel
Jacob stated the Board voted 8-0 that Helen Miranda Wilson was not a part of the Board. Bruce Drucker moved to approve the meeting minutes of August 6, 2008; seconded by Vern Jacob; passed 8-0. Helen Miranda Wilson stated she was not at the meeting and she respected Manny Heyliger’s appointment as a regular member; however, she thinks there was a lack of communication. Ms. Wilson suggested all members reapply and ask the Board of Selectmen to make assignments. Vern Jacob stated it will be up the Selectmen to reconfirm her status, but at the present time, the 8-0 vote taken at the August 6, 2008 meeting confirms the decision of the Zoning Board of Appeals she is not a member at this time. Jacob stated the Board of Selectmen’s appointment of 6 regular members was in error when they
appointed Ms. Wilson. The ZBA agreed they would like clarification of the appointing process. There has been some history of the Board of Selectmen appointing members without designating whether regular or associate members, with the ZBA promoting from within. This procedure is apparently in violation of MGL Ch. 40and the Board of Selectmen has been informed by Town Counsel of this.
There was discussion regarding 250 Gull Pond and the status of the consultant engineer.
Roger Putnam moved the July 24, 2008 meeting minutes; seconded by Bruce Drucker;
passed 8-0.
Bruce Drucker moved July 9, 2008 Business Meeting Minutes as amended; seconded by Roger Putnam; passed 8-0.
Helen Miranda Wilson advised the Board to review the January 1998 rules and procedures for the Zoning Board of Appeals.
Manny Heyliger moved to adjourn at 8:40 am; seconded by Bruce Drucker; passed 8-0.
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Respectfully submitted,
Christine A. Bates, Committee Secretary
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