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ZONING BOARD OF APPEALS01 OCT \ 1 Mi 9: 30
MINUTES-EXECUTlVESESSION, '., ....! U
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M f\'S S f\ C;l-IUSETTS
SEPTEMBER 18. 2007
A Motion was made by Mr. Butler and seconded by Mr. Mackie to go into Executive
Session to discuss correspondence received from one of the frequent attorneys to one of
the Board members. The Board was concerned about the policy about that may require
legal counsel.
Ms. Garber-Miller explained that the application that this concerned was the recent
Maple Street decision which involved dividing 12 acres. Ed Valanzola had sent an e-
mail to Ms. Garber-Miller saying that he had been approached by other members of the
Board who inquired about the applicant bringing a new plan for division of the property,
and he wanted to know what Ms. Garber-Miller's concerns were on the subject. Ms.
Garber-Miller believed that it was not ethical for her to comment about an application or
potential application in such a manner, and was also concerned that Mr. Valanzola
approached her individually. She further stated that if the other Board members had
received the e-mail it would have been different.
Mr. DeTrolio stated that you can't expect to be on the Board and expect not to have
anyone talk to you, and this matter doesn't belong in executive session. These meetings
are being televised and this matter is not public. Also, Mr. DeTrolio explained that when
he is approached, which is frequently, he will respond by telling the person, that he will
look at what they have and talk about it, but then the application is before the Board, he
will have to disqualify himself.
The Board decided that a response should be sent to Mr. Valanzola advising him that the
Board members are not allowed to discuss a case outside of the meeting. There should be
no ex parte communications and questions should only go through the Chairman.
A motion was made by Mr. DeTrolio and seconded by Ms. Garber-Miller that a letter
should be sent to Mr. Valanzola from Mr. Vultaggio stating briefly, that it is
inappropriate to have any communications with the Board members until a decision is
made on an application.
A motion was made by Mr. Mackie and seconded by Ms. Garber-Miller to adjourn from
executive session. Unanimously granted.
The meeting was adjourned at 10:00 P.M.
Respect~bmitted, 1 fJ n
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Elisabeth Garber-Miller,
Clerk
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