10/02/2002 PLANNING BOARD Minutes

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not by the petition of a one -issue special interest group. Had the matter- come up in the normal course of business ] efore the Planning Board all concerned parties would have had an opportunity to participate,. including the Board of Appeals which is also impacted b this Petition Article. Allowing a Planning Board Article a appropriated y special interest group is practice which undermines the statutory duty of the Planning Board to conduct public -hearings on articles it creates. Permitting the Town Planner, who is closely associated with the Planning Board, and on whom the Planning Board relies for guidance to present the case for the special interest group creates an impression of inappropriate cooperation, if not collusion between public officials and the petitioners. Is the Town Planner intending to present all petitioners' articles? His involvement would seem to be precedent setting. This is especially true when as here, the Planning Board had previously preferred two plans on the subject site which did not meet the regulatory standards of a development of regional impact to the Cape Cod Commission as a discretionary refrral, an action which to the best of my knowledge had no precedent in the Town of ashpee. nothing herein contained is intended to imply any criticism of Thomas Fdala who enjoys a high regard in the community and is regarded by some as the Dean of the Cape Cod Planners. Toren and I have worked together on projects in the past including, ironically, the Southport Project and I have nothing but the utmost respect and admiration for Torn. On a positive note I had relatively cordial discussions with certain Southport people following the meeting and I have received in the past certain overtures making me dope that Southport and the Shellback Realty Trust can find a certain communal i-ty of interest. As it presently stands, the entire parcel is now before the Cape Cod Commission, not only on the Shaw' s proposal but also the two referrals referred to above on which appeals were taken to the Superior Court. I would life to think that we can all work together to try to address mutual concerns and not complicate or obfuscate the issues at hand. Thank you for your attention. to. this. very truly yours, Michael A. Dunning" Having been read into the Record, the Chairman declared that she would provide an opportunity for Board Members to comment upon the contents of the above letter. For the Record: "September 27, 2002, from Edward M. Govoni , Chairman of the Zoning Board of Appeals, with copies to Russell Wheeler, Building Commissioner and Zoning Enforcement Officer; David Leivelle, Chairman of the Board of Selectmen; and Thomas Fudala,, Town Planner. Regarding Petition Article 22 of the Annual Town Meeting Warrant on October 7. 2002 - Dear Ms. Cane, e are writing with respect to Petition Article 22 which came before the Planning Board as a purported petition article, although a review of the text of this Article reveals that it is virtually identical to a prior Planning Board article that was previously presented to Town Meeting and failed in October 2000.