08/01/1979 PLANNING BOARD Minutes

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further indicated that her son was the chairman of the planning board in Sudbury and that she would call h.-im to get an opinion about this -matter. Mr. Terry stated that he ins-is t ed that the representatives. of New Seabury come back to th_e -planning board at the next meet%-ng to review the situation in front of the full board. Mr. Burden indicated that the board needed two -meetings per month. and Mr. Blakeman asked wh.e-th.er or not work was -being held up waiting approval of the plan. Burden- indicated that an architect was contaced but the plans were. subject to change, by the architect. Burden indicated thzit not'having the approval by the board would stop the project from going into th-e next phase. Mr. Terry asked that a written 4ecision- be rendered by Town Counsel' on whether or not the. approval was required for this- particular subdivis ion. Mr. Burden agreed that a written opinion would be, a good' 'idea. Mr. Mars-tern then asked that a letter be written to Town Counsel Riordan enclosing th.e plan for his- review. Mr. Marsters said that we should pose the question to Town. Counsel whether or not the approval of th.e.' planning board was required where the lots do not conform to the existing zoning by-law-. It was further requested that Mr. Riordan render an opinion on whether the subdivision should be considered under the original special permit granted to New S eab.ury and, could come in under Approval Not Required on that point. Phillip Holmes was asked his- opinion and he stated that he felt that it could not ,b e Approval Not Required if the plan did not meet the- existing zoning by-law. Ms. Rollins indicated that under the' s-pecial permit that New Seabury was exempt from zoning. Mr. Burden also added that It would'b e a worse plan if submitted as a normal subd ivis-ion. Mr. Marsters also asked whether or not the old lots could be grandfathered in, as the- set backs were not proper. Mr. Marsters wanted to know from -2-