9/11/1996 ZONING BOARD OF APPEALS Minutes

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Civil Engineer, " which was filed with the Board of Appeals for appeal in the 1964-1 . This is that Plan. The Plan is entitled, "Cluster zoning Plan on a portion of New Seabury. . " and so forth. The date on it is January 16, 1964 . Um. . . (ahem) and in the Decision itself you will recall that I had argued to you last time that the Board made certain findings with regard to this Plan. And the Board said in its Decision, Um. . . "That the specific Plan presented to the Board respects the terrain, natural features of the land, provides for a well appeared good balance of dwelling unit densities and commercial facilities and amenities and is well coordinated with respect to. . . to contiguous properties and so forth. What is relevant to this particular appeal is the Notation contained on Section 5 . Section 5 in the 1964 Plan of Record clearly indicates that Section 5 is limited to twenty-five (25) units and a hundred eighty thousand (180, 000) square feet of commercial space. That limitation by the way is found on both sheets of the Plan which reference section 5 . And it is no small coincidence, I would suggest, that the Deed executed by New Seabury back in 1964 also limits Section 5 to twenty-five (25) dwelling units and a hundred eighty thousand (180, 000) square feet of commercial space. The reason that I emphatically suggest that this is relevant is because this particular Plan formed the basis of the Board' s filings in 1964 with the Cluster zoning as proposed in this Plan was substantially in compliance with the intent and purposes of the By-Law. And did not present any threat of substantial harm to the public good. . . The Chairman: Can I . . . can I just make a statement. Attorney Henchy: Sure. The Chairman: The Plan was really not germane to this Hearing. This Hearing is about the Building Inspector' s Decision. He has not issued a permit . And it ' s about can he overturn the Town Meeting. . .uh. . .he hasn' t—he' s not authorized to do that. And. . .uh. . .you know, we' ll accept it and—as part of the record, but as far as the Appeal that you came up with, it' s not germane to that Appeal . Attorney Henchy: Well . . . The Chairman: We 're not really looking for the Plan. Attorney Henchy: I . . . I respect to disagree for. . . for a good reason um—Mr. Govoni . we. . . the issue here is whether or not the 1995 Agreement . . . The Chairman: But that ' s not what you put in the Appeal . The Appeal . . .you appealed the Building Inspector' s Decision. There is nothing about Town Meeting, there' s nothing about the Deeds, there' s nothing about the way the Deeds were done. I mean, I think that can only take effect after twenty-five -3-