Approved
Minutes of Zoning Board of Appeals
Executive Session
Date: May 2, 2013
Time: 7:30 PM
Location: Wellfleet Sr. Center
Attendees: Acting Chair Bruce Drucker, William Nicholson, Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger, Don Pallidino, and Christine Bates, Committee Secretary
Regrets: Vern Jacob and Sibel Asantugrul
7:30 pm
Executive Session:
3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigation position of the public body and the chair so declares.
Town Administrator Harry Terkanian stated there is a hearing in Land Court for Rispoli Ventures LLC regarding the placement of the deck and cooler on the north side of the building rather than the east side as required by the Special Permit. Town Attorney Ms. Elizabeth Lane discussed the project with Mr. Terkanian and he also had a discussion with Sarah Turano- Flores who is now the attorney for Rispoli. Ms. Turano- Rispoli Ventures has filed a request for an amendment for the parking and seating. Mr. Terkanian wanted to know if the appeal with regard to the decking/cooler should be litigated in Land Court or if the ZBA would agree that it could come back to the board and be reheard. Mr. Terkanian stated he feels it makes sense to rehear the decking/cooler application.
Mr. Drucker stated he appreciated the support of the Town Administrator. He stated Rispoli Ventures presents a unique problem for this board and the town. Tthe board wants to treat every applicant the same.
Mr. Drucker stated Rispoli Ventures has made it very difficult for the board and has violated every special permit granted. Mr. Drucker gave examples of previous violations. Mr. Drucker is concerned if there will be future violations. He would be willing to listen to a rehearing of the decking/cooler application and would be open minded.
Mr. Putnam has problems because of the violations with pergola, the cooler location, and the parking. He would be willing to listen to a rehearing of the decking/cooler application and would be open minded.
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Ms. Inger has no problem with the deck/cooler coming back to us. She stated Mr. Rispoli never comes to the meetings and he might want to consider speaking to the board when the application comes back.
Mr. Pallidino questioned if there are any down side to having the application come back and Mr. Terkanian stated there were none.
Mr. Heyliger stated we could get paperwork from the Board of Health in regards to seating.Mr. Terkanian stated Richard Stevens made a site visit and counted over 80 seats at one time. The walk-up coffee bar was withdrawn. Mr. Terkanian provided information on Land Court procedures.
Mr. Lynch commented that the violations have been substantial. Mr. Heyliger stated he would hear it again and would be open minded.
Mr. Nicholson stated he would hear it again and would be open minded.
The Board has a consensus. The ZBA is agreeable to a rehearing of the decking/cooler application and would be open minded..
Mr. Drucker moved to adjourn the Executive Session at 7:55 pm; seconded by Ms. Inger ; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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