12/15/1999 PLANNING BOARD Minutes

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!I Al t4+` application dial not demonstrate entitlement. Mr. McElhinney disagrees ees with town 1 a pp agn. counsel opinion, willowbend is wlying on SP freeze .modification#5 given to board is what willowbend is relying on. Town Counsel stated that there is no protection based on past decisions by the board, as they may have been made in error. Mr. McElhinney feels willowbend is entitled to equal treatment by the town. The questions is: is this a major or minor change and is it in substantial compliance with the SP? Mr. McElhinne j#= p y wanted to know what the conformance is measured against? Is it the exact plans or loop at the phasing schedule that goes out to 1999. Is conversion to open sp ace within parameters of SP? The board discussed whether to make a motion as to whether or not the modification is minor or major. He feels the board has the flexibility to rule on this issue. Charles PawleY, Consulting Engineer arrived a@ 8:2S PM Mr. Malone asked Mr. Fudala if this was a use beyond the parameters of SP. Mr. Malone wants to look at the original SP. Mr. McElhinney said he didn't want to get bogged down in details; if the Planning Board cannot approve, willowbend will build housing. The board took an unofficial vote(split vote); Mr. Fudala said under part of the 1985 zoning regulations, changes or deviations from plans, schedules and phasing can only be by unanimous vote of the Planning Board. Mr. McElhinney indicated he would be happy to have a meeting with town counsel and all involved participants. Mr. Dorgan requested P g a copy of all the documents. Mr. Kuchinski suggested the Planning Board refers to the CCC for jurisdictional review. Mr. McElhinney hopes the Planning Board can resolve the Planning Board issues in a few weeks. Mr. Fudala feels the questions is what zoning applies. Mr. McElhinny said willowbend had filed under the old zoning. Mr. Kuchinski stated the Planning Board has jurisdiction; it's a DRI project because of change referred to CCC. The zoning issue has to be resolved in the near future. Mr. Fudala said there is a proper application before the Planning Board and the Planning Board must act on it. Ms. Dane: when an applicant comes in to the board and files, it is not their prerogative to state what zoning applies;that is up to the board. Motion to send DRI Referral to CCC and Motion to Continue the Willowbend Public Hearing with Town Counsel present to 115f 7:00 PM .i Motion; Dennis Balzarini Motion Seconded: Matt Malone Vote:- 4-0 Unanimous Public Comment: Fred.(and Torn,not present)Dempsey(477-0713),21 Devon.St. (Abutter): did not receive notice as an abutter ,n E .