01/15/2003 PLANNING BOARD Minutes

Home Browse Search

t this point the Chairman recognized Marty O'Malley, Chairman of the Association a-nd year-round resident at Windchime Point. He reported the devreloper has agreed to a number of improvements,, construction of the aforementioned garage, warp area in the Clubhouse basement, numbering and signage agreement. The Association is in support of the developer' s effects and requests an expeditious resolution of the issues in order to alloy the developer to complete the project as quickly as possible. The Chairman interrupted the Public Hearing at this point to address the following matter Public Dearing Iashpee orronis,, L. P. North Market Street - Buildings 3 and. Assessors Map 4 , Bloc] 22 Approval of Modification to special Permit The appointed hour having arrived the Chairman opened the Public Hearing in this ratter, them entertained a motion to continue . MOTION: Dennis Balzarini made a Motion to continue the Public Hearing in this matter to : 0 p.m. ; which Motion was seconded by Steve Bolan and so voted unanimously. (7 : 4o p.m. ) Public Hearing - Windchime Point, Inc. The Chairman asked f'or Planning Department comment of the issues currently before the Board. The Town Planner reported on a conversation with the Building Inspector this date who is uncertain as- to the definition of tennis courts./Structure . He -made reference to a Supreme Court ease decision whereby it was ruled that a tennis court is not considered to be a structure (Williams) , ""...It is true that a tennis court is in a sense something constructed or built (dictionary definition) but we think that in a zoning regulation, at least in the absence of a statement of broader intent, it does not include a solid underground construction for the purpose of furnishing a. smooth and 5