06/19/2019 PLANNING BOARD Minutes

Home Browse Search

member board. Ms. Thompson added that the burden of the request sat with the applicant. Ms. Thompson stated that she saw no reasonable reason for the Board to grant the request. Should the Board not grant the request, the applicant would proceed with the four member Board, but would consider it an overt act of hostility by the Board. The Chair invited comment or questions from Planning Board members for the applicant. Mr. Hansen stated his opinion that withdrawal without prejudice would be the right thing to do. Mr. Phelan inquired when the applicant would reapply and Ms. Thompson responded that they would re-file next week. The Chair invited anyone having difficulty hearing, to join the Board at the front table adjacent to Mr. Hansen. The Chair recognized the Town Planner and Consultant Engineer, who had no questions for the applicant. The Chair opened the Hearing to Public Comment, noting that it was a procedural matter and discussion was limited to the request to withdraw without prejudice and all comments were to be addressed to the Chair. Mr. Balzarini asked that the Chair explain"without prejudice." The Chair explained that State statute allowed a Special Permit applicant to automatically withdraw an application without prejudice, before local notice was published. After Public Hearing Notice publication, a Special Permit application was required to request approval from the regulatory board to withdraw without prejudice. If the withdrawal was not approved, the application could not appear before the same regulatory board for two years, unless the Board voted to review the application or the application was substantially changed. Chairman Waygan read Zoning Act, Chapter 40A, Section 16. Terry Ronhock, Sunset Circle, asked for clarification that if the Board voted against allowing the withdrawal, it would be considered a hostile action and the application could not be reviewed as is or not for an additional two years. The Chair responded that any negative act would not allow review of the application, unless it was substantially changed. Ms. Ronhock stated that abutters and other residents of the Town had experienced tremendous stress as a result of concerns regarding health and financing of legal fees, and the matter had created a long term strain on the residents. Ms. Ronhock asked that the Board take into consideration the concerns of the abutters, and residents who expressed their opinion by vote at Town Meeting, and who were seeking closure of the matter. The Chair offered copies of Chapter 40A to interested parties. Michael Ronhock, Sunset Circle, inquired whether the decision with the Zoning Board would be impacted by the vote of the Planning Board. The Chair stated that the decision was out of her purview. The Chair recognized Mr. Lehrer who stated that the Zoning Board had granted the variance and, as an independent proceeding,the Planning Board's decision would have no impact to the Zoning Board's decision. Diane Scannell, Degrass Road, inquired about the two Board members the applicant originally requested be recused from the matter. The Chair responded that, should the application go forward without withdrawal, the matter would be reviewed by the Chair, Mr. Cummings,Mr. Balzarini and Mr. Hansen, who had been seated as a full member on April 17, 2019. It was Town Counsel's opinion that the two new members had a right to vote on the request to withdraw without prejudice, along with Mr. 2