Minutes of Zoning Board of Appeals Public Meeting
Date: September 22, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Members Vern Jacob, Bruce Drucker, Roger Putnam, Tom Reinhart, Manny Heyliger, Robert Hankey; and Christine Bates, Board Secretary.
Regrets: Don Palladino, Sibel Asantugrul and William Nicholson
Chair Jacob opened the meeting at 7:00 p.m.
09-13 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 08/13/09). Members Heyliger and 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, Tom Reinhart and Roger Putnam.
Chair Jacob announced MassHousing has suspended the project eligibility determination for the project until further notice, thereby suspending the Board’s jurisdiction to consider the application, under 760 CMR 56.04 (1)(C). The public hearing now must be suspended and the public hearing must be continued generally by the Board (not to a date and time certain) and the public hearing cannot be resumed unless and until the eligibility determination is reinstated and new public notice and advertising take place.
The applicant’s counsel has confirmed to Town Counsel that the applicant will provide the necessary funding for readvertising and renoticing the public hearing, if and when the project eligibility determination is reinstated by MassHousing and has confirmed to Town Counsel that, if MassHousing permanently revokes the eligibility determination that the applicant shall withdraw the application, subject to a final determination that the revocation was proper.
Chair Jacob moved that the Board continue generally the 409B application by Risha, LLC for 170 Pond Avenue due to MassHousing’s suspension of its project eligibility determination and that the public hearing shall be resumed only upon reinstatement of the project eligibility determination by MassHousing and upon receipt of funding from the applicant to pay for renoticing and readvertising the public hearing, as agreed by the applicant’s counsel and with the agreement by applicant that the application shall be withdrawn if a final revocation by MassHousing of the eligibility determination occurs (following the exercise of any right of appeal by the applicant; seconded by Roger Putnam; passed 4-0.
Attorney Bierhans stated he communicated with Town Counsel that the applicant acknowledges that no constructive grant will occur or be claimed in relation to the suspension of the public hearing regarding the comprehensive permit while the project eligibility determination is reviewed and finalized by Mass Housing and Chair Jacob stated the e-mails are part of the record.
Bruce Drucker moved to approve the 8/13/09 meeting minutes as amended; seconded by Roger Putnam; passed 6-0.
Bruce Drucker read Mary Giorgio’s letter requesting the Board authorize Town Counsel sign the Stipulation of Dismissal for Tenants’ Association of Massasoit, Inc. v. Zoning Board of Appeals, etc. Bruce Drucker moved to authorize Mary Giorgio sign the Stipulation of Dismissal on behalf of the Board; seconded by Roger Putnam, passed 6-0.
Bruce Drucker acknowledged Attorney Quirk’s assistance and guidance in the Risha, LLC hearings and requested Chair Jacob write a letter to the Town Administrator, copying Kopelman and Paige, PC and Attorney Quirk thanking her. Bruce Drucker also acknowledged Attorney Bierhans for his participating in the hearings as well as the members of the association for attending the hearings.
Bruce Drucker moved to adjourn at 7:12; seconded by Roger Putnam; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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