01/19/2000 PLANNING BOARD Minutes

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rt Planning Board Hasn't looking "this thing,"as frozen at a point in time but evolving as master planning continues. The revised site plan accompanying the Planning Board modification of Special Permit decision#l 1 contains the following language- This plan is a conceptual representation o `proposed density and may be subject to charge or revision (with approval of the Planning nin Board)pending it on master planning (site p t4 dated 12121194). WIllowbend's request is as follows: 1 reduce the number of housing units by 57; increase the amount of open space by 6 acres, and 3) does not accelerate the rate of development and is therefore, consistent with the three Master Plan criteria. willowbend's request does not add any new land to the original Special Permit. The area outside of the 1987 special Permit is being addressed under the current zoning bylaw, satisfying the principal concern raised by the opinion of Town Counsel. At the conclusion of the presentation by Mr. Healey,Mr. Fudala(Town Planner) responded that on page 1 of the presentation, the maximum number of housing units is-their willowbend opinion; the number of units is specified by zoning. Also, the maxunwn rate of development falls under condition #28 of the-Special Permit which states the second part of the permit will lapse if completion of the remaining phases was not done within two gears of the date specified in the phasing schedule. Also, the muumurn amount of open space is specified in the m*ng by-laws. Ivor. Fudala addressed the issue of golf course as open space. Golf course as open space included recreational use for the residents of the community. With fewer housing units, wiHowbend is proposing allowing more non-resident members to use the golf course. 'Finally,Mr. Fudala indicated that willowbend made the statement that the by-law allowed for modifications. One of the basic-issues,with regard to Town Counsel opinion, is that that by-law was-only effective for a certain period of time, and that period of time lapsed in 1994. There is no grandfathering, so that modifications prior to that date would have been allowed under that zoning, but since that zoning no longer exists, modifications after that slate do not have the benefit:of that zoning by-later. According to Mr. Fudala, there is absolutely nothing written into the Special Permit decision that talks about modifications of the permit being allowed in the fAm. The rcference to Condition# indicates the board could extend the ping schedule, not modify the permit itself. Mr. 1 Ialone(Planning Board member)asked if there was any built in f]exibifity? Mr. Fud►l responded that condition # , phasing schedule, is what the board can amend. Mr. Fudala restated he was talking about the original decision language. At this port, Attorney Fat Butler, representing willowbend, asked fir. Fudala if he was-talking about the open spare,multi-far ily bylaw(section 9.39 1)` Mr. Fudala responded that yes he was speaking about that by-la ,because there is no provision whatsoever for any modification of a cluster subdivision which is ha►1f the project. The Special Peu'r does not give zoning grandfathering, it only gives the developer to build out the project under the Special Permit. her. Fudala pointed out that there is reference to language in the Special Permit"modification is deemed to be in compliance",but the decisions have been written by John McElhinney willowb nd General Counsel), not the Manning Board. The board, at the time, assumed that the special Pennit could be modified forever. Mr. Fudala indicated,that at the time of the modifications,,the board slid not have any legal counsel other than that supplied by wiliowbend. Mr. Mc l.hinney responded that the board had Joe Riordan'Riordan's counsel. According to Mr. Mc lhinney,Mr. Riordan indicated the board could make modifications to the Special Pe without a Pudic Nearing.