02/05/2003 PLANNING BOARD Executive Session

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The second case involves property on Daniels Island, lots that had been checke,rboarded, the grandfathering has now expired* This ratter being a lot size variance. Attorney Morse is requesting the Planning Board lead their ' support by becoming a party in both of these matters with regard to the issue of standing before the Court . She has stated there will be no costs imposed upon the Town. The Town Planner suggested to Attorney Morse that the Planning Board might deem it necessary to acquire Board of Selectmen approval /support of any Planning Board involvement. The issue before the Planning Board is whether or not to lend their support on these two appeals matters in order that they will be tried on the ratter of standing. At this -point the chairman read aloud a letter from Attorney Morse addressed to the Town Administrator in which she explains the -situations at hand (Harrington and Deerfield Road properties) , the issue of standing, and request for Planning Board support of these matters as they do represent standing as a municipal board. She requested authorization for her to file a Motion to Intervene in both matters . There was lengthy Board discussion/concern with reward to setting precedence, ZBA input, as well as input from opposing counsel prior to raking a decision to possibly lead the weight of Town/Planning Board support in not only these two ,matters being presented, but any future appealshallen_ges to ZBAgranted variance process . Richard Terry cautioned the Boa-rd regarding the seriousness and implications of joining as a party to these lawsuits . He stated his concerns regarding the process involved and lacy of information provided. He suggested this matter is a policy decision for the Board. The Town Planner suggested the Board invite Attorney Morse to address the Planning Board at the next scheduled meeting. .chard Terry suggested representatives from all of the .involved parties be invited in to address the Board.