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TOWN OF MANSFIELD
ZONING BOARD OF APPEALS
MINUTES OF FEBRUAR);' 17,2009
EXECUTIVE SESSION
A motion was made by Ms. Garber-Miller and seconded by Mr. Rapoza to go into
Executive Session at 9:00 PM to discuss litigation. All in favor (Vultaggio, Garber-
Miller, Rapoza, DeTrolio). All opposed (Mackie).
The Board discussed the Cell Tower issue on Gilbert Street since a few of the ZBA
members were absent at the last meeting.
The circumstances were that the applicant appealed the Board's denial of the variance
and Town Counsel Bob Mangiaratti, failed to respond within the 2l-day appeal period.
Town Counsel stated that he never received the Appeal, but the Town Clerk's office
mailed them a copy, which is their procedure when an appeal is filed. Mr. DeTrolio
obtained a copy of the Appeal that was dated stamped by his office showing that they had
received it. The Federal Judge issued a Summary Judgment in the matter and the cell
tower will now be built in West Mansfield on the Doranco site.
The members of the Zoning Board were very upset that the Board of Selectmen, Town
Manager and the Planning Board all met in Executive Session and discussed this matter
without involving the Zoning Board.
A motion was made by Mr. Rapoza and seconded by Mr. DeTrolio to appeal the Gilbert
Street cell tower Decision. The Board decided that a letter should be sent to the
Selectmen regarding the Gilbert Street cell tower appeal. The letter should state that the
Town Counsel failed to respond timely to the Omnipoint Gilbert Street cell tower
decision resulting in judgment in favor of Omnipoint; the Zoning Board of Appeals, in
Executive Session, has approved an appeal of the summary judgment finding and
requests that the Town Counsel failure to answer be investigated.
The Zoning Board of Appeals members noted that they were all personally named in a
lawsuit, and the Board was notified of the process, but were never contacted again by
either the Town Counselor Board of Selectmen regarding this matter. The members felt
that this was unacceptable.
Unanimously approved to exit Executive Session at 9:15 p.m.
R;Zl:S~~
Elisabeth Garber-Miller, Clerk