01/15/2003 PLANNING BOARD Minutes

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hard surface which will be unaffected by the weather. The work in making a tennis court is like that of making a driveway or road..." The Town Planner then made reference to the definition of structure within the Town By-law, "`,..A combination of materials assembled at a fixed location to give support or shelter., such as a building, tower or framework, platform, bin, sign, or the like...." He then suggested the matter be referred to Town. Counsel for determination. Richard Terre objected, suggesting the Board not become embroiled in a determination of definition, and review of Supreme Court/Appeals Court decisions' . He suggested the Board move on from this minor issue . Dennis Bal ari.ni agreed with comments made by the previous speaker. Tom Quinn stated the buyers require garages . The developer can construct garages under the buildings from the front which would not be a stheticall r pleasing: constructed in the back would detract from the green space. The Chairman stated she would not want the Board to determine the tennis courtstruct_ure issue. She suggested that if it is the consensus of the Board to approve the project, it be do so with the understanding that they are not setting a precedent by defining tennis- courts as no legal interpretation has yet to be determined. Steve Dolan suggested a legal determination by Town Counsel is warranted In this matter prior to Planning Board Decision. The Town Planner conunented on the density./design of the Site Plan (buildings, driveways, and pa.rking lots) which is a cause for concern in his opinion . The Chairman asked the Consulting Engineer to comment . r. Rowley suggested tennis courts are impervious surface and expressed agreement with the Town Planner that it is more like a road than building 6