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There is a change in paragraph 9d that is unacceptable to the board. to public <br /> comment. <br /> Notion to Not Recommend Approval <br /> Motion:ion: Martine Meliering Seconded: Dennis Ral arini <br /> Vote: -o Unanimous <br /> Article 46 <br /> Explanation: This article would rezone a 27 acre parcel of land at the intersection of <br /> Route 151 and Old Barnstable Road from C-2 Commercialto R-5 Residential. The land <br /> was rezoned from' R-5 to CW2 in October 1995. <br /> Public Comment: Mr. Dick Terry(Attorney and the owner of the property referenced <br /> above)questions the legality of making this change. 11r. Terry was upset because he <br /> received no notice of the rezoning from the town; he had to read about it in the Paper. <br /> Mr. Fudala pointed out to mr. 'Ferry that there is no Muir ment�by state law, for the <br /> town to notify the property owners of a rezone. The R-5 residential is a 2-acre mini num <br /> lot which Mr. Terry feels is a terrible use of the land. Mr. Terry is trying to encourage <br /> the town of NWhpee to bur the property as open space. 111r. Fudala indicated he had <br /> spoken with the Cape Cod Commission attorneys and been told that the Planning Board <br /> can loop at a modification of this preliminary plan while it's in review at the commission, <br /> which it currently is. At this point,there was some discussion about this piece of <br /> property being rezoned earlier to build a courthouse. Mr. Terry indicated that <br /> commercial zon*ng would indicate a variety of uses. Mr. Malone asked"ifArticle 46 is <br /> approved by Town Meeting,this is grand fathered?" Mr. Fudala responded"yes, EF <br /> within 7 months of the original preliminary filing, there is a definitive fling and that is <br /> ulfimately approved by the Planning Board .an be appealed)". Mr. Ferry requested the <br /> Planning Board and Planning Department to send a letter to the Cape Cod Commission <br /> allowing the Planning Board to work with Mr. Ferry on a plan. Mr.. Terry stated that the <br /> Planning Board minutes do not reflect a referral to the Cape Cod Commission. Mr. <br /> Fudala stated the minutes do reflect a referral to the Cape Cod Commission. The Cape <br /> Cod Commission staffs and legal department have stated it's okay for the Planning Board <br /> to discuss. Mr. Terry stated the Selectmen sent his plan to the Cape Cod Commission in <br /> n unprecedented more, especially M* ee there is really no project Mr. Ferry feels this <br /> was using the Cape Cod Commission as a political dumping ground. Mr. Fudala stated <br /> that all subdivisions, residential or commercial, go to the Cape Cod Commission. Mr. <br /> Terry indicated he is withdrawing his plan from the Cape Cod Commission . Mr. Fudala <br /> suggested filing a new plan to freeze the zoning. It should be noted that Mr. Terry is <br /> suing-the Cape Cod Commission and any withdrawal of a plan by Mr. Terry would have <br /> to include a.settlement of that suit. Mr. Terry wants to be notified, and feels it is not good <br /> that he is not noted, of zoning cages to his property. Mr. Ferry stated that the <br /> Selectmen withdrew his plan from the Cape,Cod Commission. Mr. Fudala stated the <br /> Selectmen would not withdraw the plan; Mr. Terry withdrew it. The board would prefer <br /> a low commercial use, such as office buildings in lieu of retail space. <br />