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July 15, 2010
Continuation
Assessors Map 64/Lot 212 – South Center Realty
40B Comprehensive Permit
In attendance: AP, JS, PD, PH, JD, SF and DJ
LR
(MC absent)
JS opened the continuation from July 1st and stated that this would be the last public hearing as it must be closed tonight. The applicant stated that regarding the Planning Board comments, it appeared they agreed with the traffic consultants (MDM) comments and strongly agreed with the assertion that safety could be improved with the installation of a traffic light at Douglas Drive and South Main Street. The board agreed this would be taken into discussion. The applicant stated he had not contacted the Safety Officer or Fire Department as requested by the board. JS read a letter from the Conservation Commissioner (June 25, 2010). There was discussion as to the amendment to the DEP’s Final Order of Conditions, since there have been revisions they must seek the amendment. The board
discussed whether or not a decision could be made before that was taken care of. Jay Talerman, Town Counsel stated that under the Wetlands Protection Act the ZBA has no jurisdiction over that. He suggested imposing a restriction that no building permits can be issued until the conservation issues are taken care of. And he felt it was not a valid reason to hold up the hearing as they do currently have a substantial wetlands permit. Next, the letter that Representative Callahan presented (dated July 15, 2010) was discussed regarding the initiative to repeal Chapter 40B. Jay Talerman suggested it was a long shot to depend on something that may or may not happen in November. There were discussions on traffic lights, sidewalks, and the pathway to the school. The applicants stated there would be one pathway if the school agreed to it. There was concern of the blasting of rock when the project begins. The board members stated that the blasting
companies do have insurance and have regulations that must be followed. The board stated that they would have the opportunity to discuss all of the concerns the residents have presented and then a draft decision would be put together. The board would be able to discuss it and present their individual concerns, but once the hearing is closed the public cannot present or discuss anymore information, even though they are welcome to attend and listen to the deliberations. Jay Talerman, Town Counsel suggested an executive session after the next regular meeting. JS stated the board had 30 days to make a decision. Jay Talerman said he would draft the decision and have it prepared to go through at the next meeting.
AP motion to close.
PD second.
All board in favor to close the hearing and continue the discussion to August 5, 2010 at 7:00 PM.
Meeting Adjourned at 9:00 PM
Approved 8/5/10
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