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June 10, 2011     Post-Gazette
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June 10, 2011

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Page 10 POST-GAZETTE, JUNE 10, 2011 David J. Saliba Attorney at Law You own a house with a view to the ocean, the Zoning Board allows a neighbor to build his house restricting your view to the ocean, can the zoning board do this? KENNER vs. ZONING BOARD OF APPEALS SUPREME JUDICIAL COURT OF MASSACHUSETTS 459 Mass. 115; 2011 December 7, 2010, Argued * March 11, 2011, Decided In June, 2006, the Zoning Board of appeals of Chatham (board) granted a special per- mit to Louis and Ellen Hieb (Hiebs) for the demolition, reconstruction, and expan- sion of their house located at 25 Chatharbor Lane in South Chatham (Hieb prop- erty).-The plaintiffs, Brian and Carol Kenner (Kenners), owners of real property at 18 Chatharbor Lane (Kenner property), challenged the is- suance of the permit by fill- ing a complaint in the Land Court against the board and the Hiebs. In their answer, the Hiebs requested that the complaint be dismissed be- cause the Kenners were not "aggrieved" parties. The Land Court Trial Judge agreed with the Zon- ing Board, the Kenners could not block the Zoning Board's decision. The Kenners appealed. The Appeals Court agreed with the Kenners to block the Zoning Board's decision. The case then went to the Supreme Judicial Court. The Supreme Judicial Court reversed the appeals court. The Supreme Court said: The Kenners first contend that the Hiebs' new house, which will be seven feet taller than their existing house, will obstruct the Kenners' view of the ocean. They assert that this nega- tive impact on their property constitutes a particularized harm, separate from the general concerns of the neighborhood as a whole. As such, the Kenners continue, they are "aggrieved persons" and, therefore, have stand- ing to challenge the board's issuance of a special permit to the Hiebs. We disagree. rhe authority of an appel- late court, when reviewing the findings of a judge as well as those of a jury, is cir- cumscribed by the deference it must give to decisions of the trier of the fact, who is usually in a superior posi- tion to appraise and weigh the evidence. The question for the appellate court is not whether it would have made the findings the trial court did, but whether 'on the en- tire evidence [it] is left with the definite and firm convic- tion that a mistake has been committed." What this means is that the Zoning Board, after hear- ing the evidence, is in a bet- ter position to make a deci- sion of the facts than an Ap- peals Court. This case shows that the Zoning Board's decisions are not reversed unless it ren- ders an obvious decision in violation of its authority to authorize or deny permits. LEGAL NOTICE MASSACHUSE'R'S PORT AUTHORITY NOTICE TO CONTRACTORS Sealed General Bids for MPA Contract No. L961-Cl BUILDING 11 AND PRODUCT DISPLAY CENTER HEATING SYSTEM UPGRADES LOGAN INTERNATIONAL AIRPORT, EAST BOSTON, MASSACHUSE'R'S, will be received by the Massachusetts Port Authority at the Capital Programs Department Office, Suite 209S - Logan Office Center, One Harborside Drive, East Boston, Massachusetts 02128-2909, until 11:00 A.M. local time on WEDNESDAY, JULY 13, 2011 immediately after which, in a designated room, the bids will be opened and read publicly. Sealed filed sub-bids for the same contract will be received at the same office until 11:00 A.M. local time on WEDNESDAY, JULY 6, 2011, immediately after which, in a designated room, the filed sub-bids will be opened and read publicly. NOTE: PRE-BID CONFERENCE WILL BE HELD AT THE CAPITAL PROGRAMSDEPARTMENT'(ABOVE ADDRESS) AT 9:00 A.M. LOCAL TIME ONWEDNESDAY, JUNE 22, 2011. The work includes: BUILDING 11, THE EXISTING BOILERS WILL BE REMOVED AND REPLACED AND THE BREECHING AND COMBUSTION SYSTEM WILL BE REPLACED, MISCELLANEOUS MECHANICAL AND ELECTRICAL WORK WILL BE DONE. THE PRODUCT DISPLAY CENTER, THE EXISTING BOILER AND ROOFTOP AIR CONDTIONING UNIT WILL BE REPLACED WITH A NEW ROOFTOP UNIT WITH HEATING COOLING AND VENTILATION, SUPPLEMENTAL ELECTRICAL HEATERS AND TANKLESS WATER HEATERS WILL BE INSTALLED AND MINOR ELECTRICAL WORK. Bid documents will be made available beginning THURSDAY, JUNE 16, 2011. In order to be eligible and responsible to bid on this contract General Bidders must submit with their bid a current Certificate of Eligibility issued by the Division of Capital Asset Managem0nt and an Update Statement. The General Bidder must be certified in the category of HVAC. The estimated contract cost is FOUR HUNDRED TWENTY-SIX THOUSAND DOLLARS ($426,000.00). In order to be eligible and responsible to bid on this contract, filed Sub-bidders must submit with their bid a current Sub- bidder Certificate of Eligibility issued by the Division of Capital Asset Management and a Sub-bidder Update Statement. The filed Sub-bidder must be certified in the sub-bid category of work for which the Sub-bidder is submitting a bid proposal. Bid Documents in electronic format may be obtained free of charge at the Authority's Capital Programs Department Office, together with any addenda or amendments, which the Authority may issue and a printed copy of the Proposal form. Bidding procedures and award of the contract and sub-contracts shall be in accordance with the provisions of Sections 44A through 44H inclusive, Chapter 149 of the General Laws of the Commonwealth of Massachusetts. A proposal guaranty shall be submitted with each General Bid consisting of a bid deposit for five (5) percent of the value of the bid; when sub-bids are required, each must be accompanied by a deposit equal to five (5) percent of the sub-bid amount, in the form of a bid bond, or cash, or a certified check, or a treasurer's or a cashier's check issued by a responsible bank or trust company, payable to the Massachusetts Port Authority in the name of which the Contract for the work is to be executed. The bid deposit shall be (a) in a form satisfactory to the Authority, (b) with a surety company qualified to do business in the Commonwealth and satisfactory to the Authority, and (c) conditioned upon the faithful performance by the principal of the agreements contained in the bid. The successful Bidder will be required to furnish a performance bond and a labor and materials payment bond, each in an amount equal to 100% of the Contract price. The surety shall be a surety company or securities satisfactory to the Authority. 'Attention is called to the minimum rate of wages to be paid on the work as determined under the provisions of Chapter 149, Massachusetts General Laws, Section 26 to 27G, inclusive, as amended. The Contractor will be required to pay minimum wages in accordance with the schedules listed in Division II, Special Provisions of the Specifications, which wage rates have been predetermined by the U. S. Secretary of Labor and/or the Commissioner of Labor and Industries of Massachusetts, whichever is greater. The successful Bidder will be required to purchase and maintain Bodily Injury Liability insurance and Property Damage Liability Insurance for a combined single limit of ONE MILLION ($1,000,000.00). Said policy shall be on an occurrence basis and the Authority shall be included as an Additional Insured. See the insurance sections of Division I, General Requirements and Division II, Special Provisions for complete details. Filed sub-bids will be required and taken on the following classes of work: ELECTRICAL The Authority reserves the right to reject any sub-bid of any sub-trade where permitted by Section 44E of the above-referenced General Laws. The right is also reserved to waive any informality in or to reject any or all proposals and General Bids. This contract is subject to a Disadvantaged Business Enterprise participation provision requiring that not less than FIVE (5) % of the Contract be performed by disadvantaged business enterprise contractors. With respect to this provision, bidders are urged to familiarize themselves thoroughly with the Bidding Documents. Strict compliance with the pertinent procedures will be required for a bidder to be deemed responsive and eligible. This Contract is also subject to Affirmative Action requirements of the Massachusetts Port Authority contained in the Non-Discrimination and Affirmative Action article of Division I, General Requirements and Covenants, and to the Secretary of Labor's Requirement for Affirmative Action to Ensure Equal Opportunity and the Standard Federal Equal Opportunity Construction Contract Specifications (Executive Order 11246). The General Contractor is required to submit a Certification of Non-Segregated Facilities prior to award of the Contract, and to notify prospective subcontractors of the requirement for such certification where the subcontract exceeds $10,000. Complete information and authorization to view the site may be obtained from the Capital Programs Department Office at the Massachusetts Port Authority. The right is reserved to waive any informality in or reject any or all proposals. MASSACHUSEI-rS PORT AUTHORITY DAVID S. MACKEY ACTING CHIEF EXECUTIVE OFFICER Run date: 06/10//11 AND EXECUTIVE DIRECTOR Fact by bob morello ax reviewing the r the rest FOUR TOPS: ICON THE BEST OF Motown The Four Tops struck Gold in 1964 when Motown Records' songwriting/production team Holland-Dozier-Holland created "Baby I Need Your Loving," which became an instant hit. This collection features six H-D-H hits, including "I Can't Help Myself (Sugar Pie, Honey Bunch)," "Reach Out I'll Be There," "Standing in the Shadows of Love," "Bernadette," and "Shake Me, Wake Me {When It's Over)." The second half dozen tracks include a wonderful cover of The Left Banke's "Walk Away Renee," trailed by "Still Water (Love)," a pair of tracks penned by Dennis Lambert and Brian Potter -- the awe- some "Ain't No Woman (Like The One I've Got)" and "Are You Man Enough." Rounding out this compilation is the ten- der "When She Was My Girl," and the pretty "I Believe In You And Me." 47 years have gone by since their inception, but their music is still 'Gold' to my earsl HOODWINKED TOO! ORIGINAL MOTION PICTURE' SOUNDTRACK Lakeshore The sequel to the original Hoodwinked -- the spoof on the Red Riding Hood story continues as Red (Hayden Panettiere), Wolf (Patrick Warburton) and Granny (Glenn Close) attempt to restore happy endings everywhere. The happy endings on this soundtrack are filled with upbeat songs as, "You Know It" featuring Lavay Cole & Andrea Remanda, cast member Panettiere lends her vocals to a pair titled "I Can Do It Alone" and the .driving "Inseparable," plus two from Wayne Newton "Living In a Fairy Tale (With You)" and "Look Out Shorty!" Dan Myers who composed five songs on this soundtrack de- livers a foursome via "Big City," the nutty "Little Squirrel (Forage For Your Love)," the energetic "Living In a Fairy Tale (With You)," and his version of "Look Out Shortyl" All this wrapped around Theo Bleckmann's performance of Carl Douglas's "Kung Fu Fighting" ending with artist CEEJ who wrote and performs "Perfect Two." SLEEPER AGENT -- CELABRASION Morn+Pop Music Debuting with the release of Celabrasion scheduled for August 16, Sleeper Agent is about to explode on the music scene, having recently opened for friends Cage the Elephant. The rocking outfit wastes little time, opening with the first single, "Get It Daddy" a non-stop roller-coaster ride. There's no letting up, firing off aForce a Smile," the sweet "Shuga Cane," injecting "Love Blood," trying to hold it together with "Bottomed Out," and the easy to swallow "Proper Taste." The vocals are delivered with energy in back and forth vocalese from Tony "Tutone" Smith and Alex "Kid" Kandel. Sleeper Agent's engine is fired up and running with, "That's My Baby," the sizzling "Get Burned," blocking out everything via "Some White Blinds," running scared with "Be My Monster," con- tinuing the festivities with "All Wave and No Goodbye" end- ing to the driving sound of "Far and Wide." A dozen tracks of unmitigated fun! NEIL IEARLMAN COFFE & THE MOJO HAT Paddledoo Music If someone told me that I should listen to a pianist, who wakes up the Latin and funk in traditional Scottish tunes, I would have said 'no thank you' and moved on. When curios- ity got the best of me, I did listen to Neff Pearlman's CO, and got a pleasant surprise. Unleashing Scotland's unexPected grooves and Cape Breton's unique piano style, Neff created a unique sound. Check some of the 14 grooves on this" superb collection, especially the brisk "Allison House," the tender strains of "Farewell," ironing out the message with "Laundry Set," and the traditional "Sailor's Wife." Pearlman keeps the spirit alive, delivering the Scottish vibe" and the dancefloor joy on tracks, "Spootlskerry," followed by the traditional "Skyedance," the ultra-Scottish ."Highlander's," the treat of "Mill Mill O" with his father Ed on fiddle, and the flighty "Butterfly" ends it all. You can catch Nei 'live' tonight (Thurs- day) at Cambridge's Club Passim, 8 pm. MUSIQ SOULCHILD MUSIQINTHEMAGIC Atlantic Taalib Johnson is Musiq Soulchild and nothing showcases his music better than his album Musiqinthemagic. The artist's soulful energy comes through beautifully on a dozen cuts, particularly on his hit "Anything" featuring Swizz Beatz, plus "Silver&Gold," "DoWeHaveTo," and "Yes." Fit in nicely are beauties, "Single," the legalese of "LoveContract," the pa- tient "Waiting Still," the love destination "Back To Where," the mutual "Be Friends," the cure all "Medicine," and closes out with a dose of Vitamin D- "LikeTheSun." Great blends of hip-bop, R&B, jazz, blues and classical musical styles -- Musiq Soulchild is EnergyAndPleasureAlIInOnePackage! FRANCHOT TONE COMES BACK HOME After years away from the East Coast, Franchot Tone returned home to Boston for his debut solo performance on June 7th at Johnny O's in Somerville. His solo work is a mix of SoCal pop Yock with heaps of warm guitar strums, breezy melodies and an easygoing vibe. At Johnny O's he performed songs off of his debut EP, to be released later this year. Tone's Boston band featured Brooklyn resident, Andreas Brade, on drums and Vermont native, Jamie Hosely, on bass.