12/04/2002 PLANNING BOARD Executive Session

Home Browse Search

f t The Selectmen have voted to authorl, a an appeal of this Decision, as well as discussion with Town Counsel of this matter to determine whether or not there are any alternatives to the appeal. Selectman Marste 's has stepped down on this matter. The question before the Planning Boa-rd is whether or not they want to be a -applicant to the appeal, if filed, based upon Town Counsel recommendation . And also to determine whether or not a Board Member would like t participate in discussion with Town Counsel, The twenty-day appeal period expires on either December 10th or 11th. It is poss-ible to file an appeal and withdraw it at some later -oi t if deemed necessary. The Chairman argued the Planning Board has no legal right to object to a Zoning Board Decision. The Town Planner explained the Board of Selectmen has the authority to make a decision ineffective by preventing construction of a roadway on Town-owned property. The Consulting Engineer noted the Board of Selectmen and the Planning Board -ha-s sole authority to establish road layout. The Town Planner raised this point with Town Counsel. The Chairman raised concerns regarding the Applicants s. right to an appeal having been awarded a variance they cannot exercise; and with the on-ing Board having approved a variance despite objections made by. -,the Planning Department prior to the decision. The Town Planner stated the notice was very vague, the lots are not buildable as they have been non-conforming since 1971 and did not become checkerboarded until 1988 . According to Town Counsel there is however some question as to whether or not c randfathering has been extended on the lots In question. Don Myers expressed his support for joining the Selectmen in an appeal and in beginning to exercise the responsibilities of the Planning Board.,