06/18/2003 PLANNING BOARD Minutes

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y The Town. Planner made reference to the Commission Staff Deport on the revised project in which it is stated the project would not necessarily fall under Commission jurisdiction with the exception of the question of validity of the Special Perruit . It was recommended this matter remain within Commission j-urisdictidn until such time as ar Court decision has been rendered. Ms. Descoteaux requested the Planning Board submit a second letter to the Cape Cod Coris-ion expressing continued support of their jurisdiction over the New Seabury proJect matter. The Chairman determined further discussion/action in this regard would be addressed later in the Meeting. She also clarified the Cape Cod Commission to be a regional body equipped with the necessary resources to oversee matters of this scope. Public Dearing Johns Pond Center Realty Trust and M 1.51 Realty Trust Rte. 151 and Ninigret Avenue Possessors' Map 72, Blocks 57 and 57A pp r oval. of .Modi f i cation. t o- th - Spe c i a-l- Permit - -- - - The Town Planner advised the Board of passible complications in this matter. The Town --law requires a minimum of 21-days between that date on which a Special Permit t ppl ication is filed and the Public Hearing. The actual Application having been filed with Town Clerk on May 29 th, which is only 20-days. He has cautioned the Applicant of a possible appeal should the Board render a decision this date. The Chairman recognized Mr. Mitrokostas who disagreed, explaining the Permit had been filed with the Building Department on March 21, 2003 . Request is being made t'p relocate the bar in order t comply with Board of Health regulations . Be was subsequently informed that this ratter had to be addressed by the Planning Board in addition t Site Plan/Design review. Nor. Mitrokostas requested the Board allow him to present testimony this evening in order to expedite the project. There has been some concern regarding outside noise levels . 4