7/29/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - July 29, 1992 5. responded that it could. Mr. Friel commented that the exisiting permit had yearly renewal language and Mr. Kirrane said that the second part of the application was to modify the permit conditions. He said this may be the only Special Permit with time limitations. He said a critical issue for the owner who plans to make costly improvements to the site has to be able to know the use will be permitted to continue. Mr. Friel asked if the transfer of the permit and the time limit were the most important and Mr. Kirrane confirmed this and said the other issues could be resolved. Mr. Govoni said the Board would have to review the conditions for the Town's interest. Mr. Makunas asked if the petitioner would be willing to withdraw the petition without prejudce pending successful settlement of pending litigation. Mr. Kirrane said that if the settlement of the pending litigation addressed the issues in the application this becomes moot. He said there would still be the need for a transfer. Mr. Govoni suggested that the Petition could be taken under advisement since there were 90 days to have the Executive Session and settle litigation. Mr. Makunas moved to deny the Petition. There was no second. Mr. Kirrane said that the DPW was working with Mr. Talanian for improvements to 28 which the State was planning in early fall and these would be delayed. Mr. Govoni suggested that both the transfer and the conditions should be done at the same time. Mr. Makunas made another proposal and suggested that if the petitioner agreed to withdraw tonight the Board would immediately try to resolve the issues. Mr. Kirrane asked for a 10-minute recess. The Board recessed at 8:50 P.M. Deer Crossing - There was discussion of the use of retail space at Deer Crossing and the Board agreed with Mr. Hauck that no Special Permit was necessary. Mr. Friel confirmed that only Zoning Enforcement Officer William Hauck could interpret the Zoning By-laws and not Town Planner Mr. Fudala. Minutes - Mr. Govoni moved to accept the minutes of the July 15, 1992 meeting. Mr. Makunas seconded. All agreed. Meetings - Mr. Friel announced that the Board would not be meeting on August 26, 1992. Mr. Friel reopened the meeting at 9:00 P.M. Mr. Kirrane said they were willing to withdrawn the application for the modification assuming the Board was willing to undertake a resolution of the issues that have been, raised by the appeal between now and August 12, 1992.