April 4, 2002
FINAL MINUTES OF PUBLIC MEETING
Board members present: Don Kraemer, Will Phillips, Colleen Martin, Nat Chamberlin,
Silas Little (at 8:30 p.m.)
Call to order by Don Kraemer at 7:33 p.m.
Motion made by W. Phillips, seconded by C. Martin to accept minutes of 2/7/02 with one change on page 3, line 6, change “He believed that” to “S. Little believed that”. Voted affirmative.
7:40 p.m. Note: ZBA wanted it noted that Debra Harling failed to assign case numbers to the 5 applications received from Richard Messina and reviewed at the March 19th meeting to the ZBA assigned A, B, C, D, E to these cases.
Board reviewed mail and letters received from Richard Messina. Discussion followed on proper procedures for response to letters received by Richard Messina.
Case 312A: Motion by W. Phillips, seconded by C. Martin to reject an Appeal from Administrative Decision because statements made by Debra Harling are not proper subject matter for an Appeal of Administrative Decision to the ZBA. Voted affirmative. Mr. Messina asked for a refund of money. D. Kraemer said no money had been accepted.
Case 312B: Motion by W. Phillips, seconded by C. Martin to reject an Appeal from Administrative Decision on the basis it was not proper subject matter for an Appeal of Administrative Decision. Voted affirmative. ZBA did not accept any money.
Case 312C: Richard Messina said he brought abutters labels to the Board. Debra Harling attached labels to the wrong case. Richard Messina agreed to allow ZBA to move labels from Case D to Case C. W. Phillips suggested the Board keep close watch to meet deadlines in a timely fashion. He suggested a short meeting just to accept applications two weeks prior to regular ZBA meeting. Discussion followed. If all requirements are met, fees paid, abutters list provided, and check list completed perhaps Debra Harling could accept applications. ZBA felt this may not work. Motion made by S. Little, seconded by C. Martin to accept Case 312C. Voted affirmative. Hearing scheduled for 5/2/02 at 8:30 p.m.
Case 312D: D. Kraemer read previous decision from 3/19/02 minutes. Motion by W. Phillips, seconded by S. Little to reject on the basis that it was not proper subject matter for an Appeal of Administrative Decision. Voted affirmative.
Case 312E: Motion by W. Phillips, seconded by C. Martin to accept Case 312E. Voted affirmative. Hearing scheduled for 5/2/02 at 7:30 p.m.
Board reviewed letters from Mr. Messina dated 3/22/02 and 3/23/02. Discussion followed. C. Martin apologized that the ZBA was not aware that abutters labels had been submitted to them. S. Little said all appeals must be exhausted before a decision is final. He said the Selectmen have an appeal in process. S. Little said no site plan review can be approved until a final decision is rendered by the Judge. Mr. Messina agreed to this.
ZBA reviewed a letter dated 2/26/02 from Mr. Messina for an Appeal of the 2/7/02 decision. W. Phillips reviewed the events of the 2/7/02 hearing (see 2/7/02 minutes). Motion made by W. Phillips to deny request for re-hearing. Seconded by S. Little. Voted unanimous affirmative.
Discussion followed on combining notices for ease of handling and saving postage for 5/2/02 hearings. Mr. Messina agreed.
ZBA discussed application from the Lukas Foundation for a Special Exception. Motion by D. Kraemer, seconded by C. Martin to accept application. Voted affirmative. Hearing scheduled for 5/2/02 at 8:45 p.m.
ZBA reviewed forms being used for submission to the Board and suggested changes needed to the forms. W. Phillips will check his computer for the last draft, contact Debra Harling to verify versions she has, make changes and present new layout to ZBA at a future meeting. He will also present rules previously voted on to the Board.
Motion made by W. Phillips, seconded by S. Little to adjourn meeting. Adjourned 9:10 p.m.
Minutes submitted by Sherry Fiske