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Minutes of Zoning Board of Appeals Public Meeting
Date: July 9, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Members Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam, Tom Reinhart, Sibel Asantrugul and Donald Palladino; and Christine Bates, Board Secretary.
Regrets: Manny Heyliger
Chair Jacob opened the meeting at 7:00 p.m.
Risha, LLC (Doris Zelinsky, owner), 170 Pond Avenue, Map 29, Parcel 382: Application for a 40B Comprehensive Permit to build three townhouse condominium homeownership units under MA General Laws Chapter 40B and 760 CMR 56. (Cont’d from 6/25/09). Members Don Palladino, Manny Heyliger, and Robert Hankey did not participate in the hearing. The same Board members presided as at the prior public hearing sessions, including Members Vernon Jacob, Bruce Drucker, William Nicholson, Tom Reinhart and Roger Putnam. Member Sibel Asantugrul participated in the hearing.
Town Counsel Ilana Quirk stated there was a previous question regarding the appraisal of the property and she was requested to contact MassHousing and did so. MassHousing responded on June 30, 2009 and stated that it would revisit the issue of the appraised value of the site and the related issues of the financial feasibility and profitability of the proposed project. Attorney Quirk reported she discussed the issue again on July 9, 2009 with MassHousing and was informed that MassHousing was considering whether to suspend the project eligibility status until an appraisal was performed. At 4:00 pm on July 9, 2009, Attorney Quirk received a telephone call from Attorney Robert Devin, the applicant’s counsel, requesting a continuation of this evening’s public hearing, to allow
MassHousing to do the new appraisal. Christine Bates, Committee Secretary, read a formal request for continuation from Attorney Devin, received via e-mail, in which he offered to extend the 180 day period within which the Board must act on the application by the number of days between July 9th and the new hearing date. Attorney Quirk stated if MassHousing has not make a determination regarding the appraisal by the continued hearing date, another request for continuation is to be expected. Attorney Bierhans, counsel for the Drummer Cove Association, stated he would have no objection to a future continuation if MassHousing does not respond in time and stated that Attorney Devin had confirmed to him that the applicant would agree to a further continuance and an extension, as necessary. Attorney Quirk stated that she would contact MassHousing and the applicant’s counsel to request that any future continuance request is received well in
advance of the next public hearing session, to attempt to avoid unnecessary expense by the Town.
Attorney Bierhans stated that additional filings would have to be made regarding environmental issues.
Roger Putnam moved to continue the public hearing to August 13, 2009 at 7:20 p.m.; seconded by Bruce Drucker; passed 5-0.
Other Business:
There was discussion regarding potential changes to the application procedures used by the ZBA, so as to have Member Don Palladino or another member review all applications prior to filing with the Town Clerk to ensure the application is complete. Attorney Quirk stated the Board could ask applicants to submit to a pre-filing, screening review and even recommend that this review occur, but an applicant has the right to file the application directly with the Town Clerk and the ZBA, which automatically starts the timeline that may result in a constructive grant of approval if the Board does not act before the applicable statutory deadlines. Certainly filing deficiencies may be reviewed by a member or a staff person and noted in a memo that then could be provided to the applicant and the Board (and members of the
public) prior to the scheduled public hearing. Attorney Quirk agreed to review the procedures and the Board agreed to send her the necessary documents for her review so that the Board could discuss the matter again on August 13, 2009.
Vernon Jacob moved to adjourn the meeting at 7:40 pm; seconded by Bruce Drucker; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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