2009-12-10-ZBA-min - Laserfiche WebLink

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BOA Meeting, December 10, 2009 5 The Board. questioned the applicant regarding the "rights of prescription" for people using the path over the years and the rights of the people who abut the path. Jay Luker of 26 Rindge Avenue, asked for a clarification of the Augustine's address and what makes a paper street. Karen Thompson of 7 Albemarle asked about the area between Bow Street and Rindge Avenue. Eric Arnold of 54 Cliffe Avenue asked why there was a sign placed on Rindge by the Town that instructs users as to how to use the path. Also asked who has the legal right to use the path. Ivan Asch of 3 South Rindge Avenue asked if the Augustine's paved driveway is legal and wanted to know who put up the orange cones and did they have the right to do so. Mr. Asch commented that the neighborhood is confused if there is a path or not. Marion Fein -Cole of 68 Cliffe Avenue uses the path quite frequently and has a major concern if she can no longer use it. Pierre Mitchell of 41 Albemarle Road asked if it does turn out to be a paper street will abutters be allowed to use it. (The Chairman answered that the path would be treated as private property.) Jay Luker of 26 Rindge Avenue, Larissa Smelkov of 6 Melrose Avenue and Lee Tec of 5 Rindge Avenue spoke in opposition of the petition. It was asked to give a show of hands of how many in the audience was in support of removing this condition. There were 14 in support of removing the condition, 16 in opposition of removing the condition. After hearing the issues with this petition, the Chairman felt that the Board needed to have the Town's legal counsel review the petition. On a motion by Martha C. Wood and seconded by John J. McWeeney the Board voted 5- 0 to continue the hearing until February 11, 2010 and the applicant agreed to move the constructive grant hearing decision deadline until April 15, 2010 Submitted by: Dianne L. Cornaro, Administrative Clerk