02/18/2009 PLANNING BOARD Minutes

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The Town Planner informed the Board that'he-was contacted by Matt Eddy, representing the Applicant, requesting.placement on the agenda for reconsideration of the vote taken at the prior Planning Board Meeting with regard to the Joy Street matter. The.Town Planner furth r explained that under the statute an Applicant cannot appear before the Board for a period of two-years, with the same project, after receiving an unfavorable action by the Board, unless Applicant returns with a rnodified plan-that the Board determines that the proposed changes adequately address the reasons for denial of the project. Abutter notification is required in the event ofreconsideration her the Board. The Town Planner has requested mailing labels and a list of abutters from the Assessors' Office for notification purposes. The Town Planner informed the Board of a letter received from Attorney Russell K. Dunning, Posternak Blankstein & Lund, LLP,-dated February 18, 2009, representing the Applicant, stating that because this vote was not taken at a Public Hearing the Statute does not apply. Said letter has been forwarded to Town Counsel, to which he disagrees, stating that any action ofthe Board would be upheld. There being no further Board discussion the vice Chairman entertained.a motion for continuance. MOTION: James Leonard made a Notion to continue this matter to March 4. 2009; which Motion was-duly seconded by Mary waygan and so voted unanimously. Adjournment Where being no further Planning Board business to address the slice Chairman entertained a motion to adjburn. MOTION: James Leonard made a Motion to adjourn the Meeting; which Motion was duly seconded by Joseph if ul l in and.so voted unanimously. (The February 18, 2009 Planru*ng Board Meeting was thereupon dissolved at 10:00 P.M.) Respectfully submitted Henrietta I eArcangelis Board Secretary ll