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February 17, 2012     Post-Gazette
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February 17, 2012

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Page 10 POST-GAZETTE, FEBRUARY 17, 2012 David J. Saliba Attorney at Law Hess Gas Station applied for permission tO rebuild its gas station and add a convenience store. The Framingham zoning board denied the request. Hess appealed. HESS CORPORATION VS. ZONING BOARD OF APPEALS OF THE TOWN OF FRAMINGHAM MASSACHUSETTS LAND COURT 19 LCR 83; 2011 Mass. LCR LEXIS 45 March 2, 2011, Decided In bringing the Instant appeal, Hess contends that the ZBA (zoning board of ap- peals) decision was arbitrary and capricious and exceeded the board's authority. Fur- ther, Hess contends that the ZBA decision was faulty. The ZBA decision, found that the addition of the convenience store would bring "additional traffic." Hess insists that any additional traffic to lo- cus, however, would result from the addition of two fu- eling positions, not the con- venience store. According to the 2005 traffic study, the volume of traffic will be greater with twelve fueling positions than with the ad- dition of the convenience store. While conceding there will be more traffic gener- ated by the project, Hess characterizes the increase as de minimis. The Court Said: The Zon- ing Board of Appeals found that the project would have a negative impact on traffic in the vicinity of locus. While the 2005 traffic study concluded that the project will have a "negligible im- pact" on traffic in the vicin- ity of locus, the uIlderlying facts in the study show that traffic will actually increase on Hollis Street as a result of the project. In the final analysis, "(lit is the board's evaluation of the serious- ness of a problem, not the judge's, which is controlling." There is sufficient evi- dence to support the discre- tionary judgment of the ZBA in this case that the project did not meet the standards established by Section IV.D. and Section V.E.3. Thus, the ZBA decision denying the Hess application was not based on a legally untenable, arbitrary, or capricious ground and must be upheld. Judgment shall enter af- firming the ZBA decision and dismissing the complaint. This case says that if you want to change the zoning for your building or business, find out how your zoning board feels about your plans before applying for the change. The court will uphold the zoning board's decision 90% of the time. Get a local lawyer who knows the members of the zoning board before applying for a zoning change. ARTBEAT Creativity. Easy to find. Easy to Imagine a place where you place any time you want to, can explore art, without hav- ing to sign up for a series of classes or invest in materi- als that look fascinating, but that you may not use again. What ff you could go to that and find it filled with color- ful, fun supplies -- paints, papers,, beads, tiles -- and someone would show you how to use them? What if you could sit down LEGAL NOTICE MASSACHUSE'n's PORT AUTHORITY REQUEST FOR QUALIFICATIONS The MASSACHUSETTS PORT AUTHORITY is soliciting a qualified firm or team of airport planning professionals with proven experience for MPA CONTRACT NO. HP1202-$1 - 2012 IL.G. Hanscom Field Environmental Status and Planning Report (ESPR). The Authority is seeking qualified a Con- sultant team to provide professional services related to the preparing and filing of the 2012 Hanscom Field ESPR with the Massachusetts Executive Office of Energy and Environmental Affairs. The Massachusetts Secretary of Energy and Environmental Affairs (Secretary) currently requires that the Authority prepare environmental repoffs providing data and analyses on noise, ground trans- pertation, air quality, water quality, historic resources, sustainability and mitigation. Priodically, the Authority prepares Environmental Status and Planning Reports (ESPRs) reporting ot current envi- ronmental and operating conditions and comparing them to historic trends. The ESPR,' also took pro- spectively by analyzing environmental conditions based upon future forecasts for airport operations. A Supplemental Information Package, which shall provide more details on the scope of the Project as well as the selection process, shall be available on Thursday, March 1, 2012 by contacting Pam Rizzo at (617) 568-1090 or by email In addition, a Project Briefing shall be held in the Economic Planning and Development Conference Room, Logan Office Center, One Harborside Drive, Logan International Airport, East Boston, MA on Wednesday, March 14, at 10 am. Although the briefing is not mandatory, attendance is highly recommended so that interested parties can become more familiar with the requirements of the Project. The Authority expects to issue a contract for a total amount not to exceed $650,000. The services shall be authorized on a work order basis. The submission shall include a detailed description highlighting the consultant's experience and ca- pabilities and identification of subconsultants including M/W/DBE participation. M/W/DBE certification must be current at the time of submittal and a copy of the certification letter from the Commonwealth's Supplier Diversity Office. The Consultant must respond to all of the requirements of the RFP, includ- ing: (1) the identification and professional qualifications, providing resumes for the Project Manager and key members of the project team; (2) and organizational chart and staffing plan; (3) a schedule of project milestones and commitment to meet the established timeframe, and (4) M/W/DBE participa- tion and affirmative action efforts. The Consultant shall also provide litigation and legal proceedings information, signed under the pains and penalties of perjury, in a separate sealed envelope entitled "Litigation and Legal Proceedings", See www.massport.conVbusiness/capit resou.html for more details on litigation and legal proceedings history submittal requirements. The submissions will be evaluated on the basis of (1) familiarity with Massachusetts and Federal environmental regulations as they apply to Hanscom Field; (2) related experience; (3) experience and availability of key personnel assigned to the project; (4)ability to meet filing deadlines; (5) familiarity with the Authority and Hanscom Field; (6) M/W/DBE participation and affirmative Action efforts; (7) current level of work with the Authority; (8) past performance for the Authority, if applicable; and (9) litigation and legal proceedings history. The selection shall involve a two-step process that includes shortlisting firms based on evaluation of the submittals. Shortlisted firms will be invited to provide oral presentations following which, final selection will be made. By responding to this solicitation, consultants agree to accept the terms and conditions of the Authority's standard work order agreement, a copy of the agreement can be found on the Authority's web page at The exception to this standard agreement is the insurance requirement of $1,000,000 of automobile liability insurance. Submissions are limited to a maximum of 30 double-sided sheets (60 printed pages), not including re- sumes and firm brochures, no acetate cover. Fifteen (15) copies of the bound document including the litigation and legal proceedings history in a separate sealed envelope as required, shall be addressed to Thomas W. Ennis, Senior Project Manager and received no later than 12:00 NOON on Thursday, April 5, 2012 at the Massachusetts Port Authority; Logan Office Center; One Harborside Drive, Suite 205S; East Boston, MA 02128-2909. Any submission, which exceeds the page limit set here or which is not received in a timely manner will be rejected by the Authority as non-respensive. Any information provided to the Authority in any Proposal or other written or oral communication between the Proposer will not be, or deemed to have been, proprietary or confidential, although the Authority will use reasonable efforts not to disclose such information to persons who are not employees or consultants retained by the Authority except as may be required by M.G.L.c.66. All questions relative to your submission shall only be directed to Tom Ennis, Senior Project Manager/ Senior Planner, Economic Planning & Development at (617) 568-3546. MASSACHUSE'n's PORT AUTHORITY DAVID S. MACKEY INTERIM CEO AND EXECUTIVE DIRECTOR Run date: 02/17/12 t i share. for an hour and just play?. And then, if you wanted to, you could purchase materials to continue your creative ad- ventures at home? This was our vision more than a decade ago, and today that vision is stronger than ever. Our store and studio in Arlington, Massachusetts, serves families and friends in the Boston metropolitan area, including an ART PARTY service that extends to surrounding communities. We find inspiration by get- ting our hands on anything and turning it into some- thing. We find fun in know- ing that there are infinite possibilities, and that given the same materials, each of us will create something different. We're proud to know that the materials in our studio are the best that can be found, and we find joy in showing how they can be used to their best advantage in a conscious way. We love coming up with new ideas for beautiful gifts that people can make to de- light their friends. We love creating choices for the people, big and small, who come to play or to look for great gifts for their friends. Our store is filled with cre- ativity boosters for all ages so that it's easy to find great gifts for everyone. We invite you to visit Artbeat and discover how easy it is to add expression to your life. Artbeat's Walk-in Studio Imagine an art studio filled with paints, papers and glues, glass and ceramic tiles, colored sand and lots of other fun things to use. The studio's open 7 days a week and you can just walk in whenever you're in the mood. (Continued on Page 15) @00@@@@0@@0@@00@@600@@@@@0@0@0@0@@0@0@00@@@@ V,,o00o 00o0000oreo I we... more than meets the eye : 0 @O@O@@IPI@IP@@@O@tPIOIDO@O@OOQO@O00@O0000@OOOO@00 THE PIANO + FRIDA (Blu-ray) Lionsgate The Piano arouses pas- sions and vengeful jealou- sies when Ada, a young mute woman (Holly Hunter) is desired by two men -- her husband by an arranged marriage (Sam Neill) and the husband's darkly in- tense neighbor (Harvey Keitel). Violent emotions erupt, but only one man un- derstands that Ada's heart can only be won through her beloved piano. Yrida Kahlo (Selma Hayek) found her way to success through a unique artistic vision. Through her relationship with her mentor and hus- band Diego (Alfred Molina), a crippling injury and her scandalous affairs, Frida was inspired to create her work by channeling her pain. THE SUNSET LIMITED (DVD) HBO Home Entertainment The Sunset Limited is a searing two-character drama about the choice people frequently make, to go on or give in to despair. Set in a New York tenement apartment, the story focuses on two very different men, a black ex-con (Samuel L Jackson) who claims to hear the voice of Jesus, and the white, professor (Tommy Lee Jones) he stopped from throwing himself in front of an oncoming train. Can Black convince white that life is worth living, that once he goes out that door he should not head for a return date with the Sunset Limited? Souls are bared and secrets shared, with Black's faith increasingly challenged by White's bleak but meticu- lously reasoned view of a world gone wrong. The con- flict reaches a shattering conclusion that will leave you thinking well after the final frame. SAVING PRIVATE PEREZ (DVD) Lionsgate Julian Perez (Miguel Rodarte), Mexico's most powerful crime lord, must embark on a mission given to him by the only authority he respects his mother. Joined by a colorful band of unlikely heroes, Julian must risk his life to fulfill his mother's wish and res- cue his unlisted brother from war-torn Iraq. Latino comedy! TYLER PERRY'S MEET THE BROWNS: SEASON 4 (DVD) Lionsgate Tyler Perry's outrageous hit showreturns for another season of love, laughter and life's little challenges. Enjoy all the fun of Mr. Brown's lat- est get-rich-quick schemes, Cora and Reggie's on-again off-again romance, plus will and Sasha's efforts to raise the kids Brianna and Joaquin in a mad-paced modern world. ANSWER THIS! (DVD) Lionsgate Brilliant trivia whiz Paul Tarson is great at answer- ing little questions but hor- rible at answering the big ones -- like what's he going to do after grad school? When he and his buddy James get a shot at winning the First Annual Ann Arbor Pub Trivia Tournament at the exact same time hi much procras- tinated dissertation is due, Paul's course of action is not quite as trivial! FIREFLIES IN THE GARDEN (DVD) Sony Pictures Home Ent. To an outsider, the Tay]ors are the very pictures of a successful American family: Charles (Willem Dafoe) is a tenured professor on track to become university presi- dent. Son Michael (Ryan Reynolds) is a prolific and well-known romance novel- ist and daughter Ryne (Shannon Lucio) is poised to enter a prestigious law school. On the day we are introduced to them, matri- arch Lisa (Julia Roberts) will graduate from college -- de- cades after leaving to raise her children. But when a se- rious accident interrupts the celebration, the far more nuanced reality of this midwestern family's history and relationship comes to light. THUNDER SOUL (DVD) Lionsgate Thunder Soul is the inspir- ing, music-filled true story of high school bandleader "Prof" Johnson, who took a ragtag jazz band and trans- formed them into the leg- endary funk powerhouse that, took the nation by storm. Now, decades later, Prof's students prepare to gather and celebrate the man who taught them about pride, honor and the power of a deep groove in this unforgettable true story. Pre- sented and narrated by Jamie Foxx! WHAT HAPPENS NEXT (DVD) Wolfe Video After rich businessman Paul Greco (Jon Lindstrom) retires early, his imperious sister Elise (Wendie Malick), tries to get him to settle down with the woman of her choosing. But Paul seems more interested in develop- ing his friendship with Andy (Chris Murrah), a charming young man he meets at a dog park, and hilarity follows. BRATZ: DESERT JEWELZ {DVD} Lionsgate Yasmin, Cloe, Sasha and Jade travel to a far-off exotic land with their friend Katia for a one-of-a-kind adven- ture full of fashion and an- cient myths. When the girls are whisked away on a magic carpet during a fash- ion show, they find them- selves on an unexpected quest to discover an en- chanted genie lamp. But will they find this mystical trea- sure before it falls into evil hands? Along the way the girls meet, Alia, and help her discover the richest treasure of all -- friendship!