Minutes of Meeting
November 5, 2009
In attendance: PD, AP, JS, DC, MCas, PH and SF
(MC absent)
7:00
53/55 Highridge Road – Timothy Jones
Sitting in: PD, AP, JS, DC and MCas
PD opened the hearing. The request for a continuance from the applicants’ attorney was read aloud. Town Counsel had emailed the board members with his opinion of the request for a continuance which was also read aloud. Town counsel felt it as up to the boards discretion as to allow a continuance but the main issue was the applicant’s failure to comply with the terms of the special permit issued by the Planning Board. JS stated he asked for comments from the Planning Board (read aloud) after receiving Town Counsels email. The Planning Board felt that granting a continuance would not be productive toward the resolution of the pending issue which is the Building Inspectors decision to withhold building permits (the reason for the applicants appeal) due to non-compliance with the special permit condition
that mitigation money be gifted to the town in a total of $ 250,000.00, to be paid in installments of $50, 000.00. The PB letter stated the developer stopped making payments after the 2nd installment but lots were continued to be sold. The applicant has had many extensions over the years with no completion date in sight and the PB felt the developer may never comply with the special permit conditions if the money is released to him. Timothy Jones, applicant stated that the original plan had changed and it is 99% completed. He would like to have a continuance as the work items should be completed by the end of November and they will ask the PB on December 10th for the release of their security. Also, the applicants’ attorney was ill and unable to make the hearing. PD stated he just received the letter from the PB this night and would like time to review it and also it was not fair if the applicants’ attorney did
not make it due to illness. AP agreed it to be in the best interest to allow the applicant to have his attorney present.
JS motion to continue the hearing to December 3, 2009.
PD second.
Vote – 4 – 1
In favor: PD, AP, DC and MCas
Opposed: JS
The continuance is granted to December 3, 2009 at 7:00 PM.
Map 64/Lot 212 – South Center Realty, Inc.
40B Project
Sitting in: JS, PD, AP, DC and MCas
PD read the request for a continuance from the applicant. There were many abutters in the audience who had procedural questions on how the applicant could keep seeking continuances and also have 2 hearings going on the same parcel, one of which is currently in litigation. PD asked JS to respond to the questions since he is the liaison for the special hearings. JS explained that the past project that the ZBA denied was still in the appeals process and in the meantime the applicant has re-applied. It is his understanding (JS) that the applicant cannot do both and the ZBA is waiting for a response from Housing Appeals Committee. In the end, the applicant may have to make a choice of which project he wants the board to hear. In the meantime the board can vote on granting the requested continuance. JS
explained he understood it is a nuisance (as the abutters voiced) to keep coming to the hearings and not having the applicant give any information, but it this is how the process must work and the board wants to go about it correctly. PD asked if there were any more questions from the public (none) or the board members. Mario Castagna recused himself from the current 40B project do to a conflict of interest.
AP motion to continue the hearing to December 3, 2009
PD second.
All in favor to continue to 12/3/09 at 7:00 PM.
Minutes
Minutes of 10/1/09
AP motion to accept amended.
MCas second
All in favor to accept at amended.
AP motion to adjourn the hearing.
MCas second.
All in favor to adjourn.
Meeting adjourned 8:00 PM Approved 12/2//2009
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