08/10/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OFAPPEALS MINUTES AUGUST 10, 2011 • Attorney Costello said that the Board asked great questions and maintained proper decorum during the hearing concerning the aquaculture petition. Mr. Nelson questioned if the Board could reduce the number of cages or phase the proposal. Attorney Costello said that much of the discussion that took place tonight was more appropriate for the Board of Selectmen and those subject matters were already addressed. Attorney Costello reminded the Board that its focus is whether the subject land falls within an R-3 zoning district. He suggested that the Board should address each of Attorney Wall's points when composing the Decision. Mr. Nelson said that "once the Executive Session Minutes are prepared and come out over the computer, the general public can see those Minutes with no problem". Mr. Blaisdell questioned if Executive Session Minutes can be emailed by computer. Attorney Costello routinely sends confidential material by email to the Board and to the ZBA office. Although Attorney Costello said that they can be emailed, Mr. Nelson said that he objects to sending them out by computer "because anyone can pick up what was sent to you on a computer". He insisted that Executive Session Minutes should be mailed to the Board members. Other Board members said that they prefer receiving Executive Session Minutes by email. Confidentiality of Executive Session Minutes is always maintained, which means that the Minutes are never sent "over the computer" for the "general public" to access. Attorney Costello said that under the new Open Meeting Law, Executive Session and the • Minutes remain confidential for as long as the purpose for going into Executive Session continues to exist. Once an issue, such as litigation, has been resolved and concluded, the Board should review the Minutes and then vote on whether to release them. Open Meeting Law also requires a Board or Commission to periodically review, approve and release Executive Session Minutes in a timely fashion. In response to Mr. Furbush's question, Attorney Costello said that certain portions of Minutes can be released if some matters are resolved before other issues are. C J Mr. Bonvie made a motion to adjourn the meeting. Mr. Forbush seconded the motion. Mrs. Horton voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Bonvie voted yes. Mr. Forbush voted yes. Mr. Nelson voted yes. Meeting was adjourned at 9:00 P.M. Respectfully submitted, Cynthia Bartos Administrative Secretary ** ALL MATERIAL SUBMITTED DURING THE MEETING IS AVAILABLE IN THE ZBA OFFICE. 61