The Monterey Planning Board
October 23, 2006
Minutes of the meeting
Members present: Mike Erkkinen, Laurily Epstein, Brian Puntin, Cindy Hoogs, Stephen Rose, Maggie Leonard
No one from the public was present.
The meeting was opened at 7:05 p.m.
The Planning Board convened an extra meeting to discuss how to proceed with a complicated land division plan submitted by Barry and Marjorie Jaffe for their property on Hupi Road at at the site of the former Jayson Camp. There is a public hearing scheduled for the next regular meeting of the board on Thursday October 26, 2006, at 7:30. Planning Board chair Leonard said that board members should have an opportunity to think and discuss the issues without worrying about time pressure.
Leonard laid out on a table the correspondence generated by the plan in a time line. There were letters from Kelly, Granger, Parsons & Associates, from Town Counsel Jerome Scully, from the Jaffes attorney Sydney Smithers from Cain, Hibbard & Myers, and from the Planning Board. Leonard reported that she had met briefly with Joellyn Warren from Regional Planning who perused the material and stated that, although she would like to study the material more carefully, it may be that the applicants are entitled to a From A endorsement. She said that if they do get a Form A endorsement then the Planning Board must make sure that no structures are put on any of the parcels. Warren said that she would respond more fully to the board before our next meeting (10/26/06).
Laurily Epstein said that she didn’t understand the plan; it must be creating something, or why do it? So what is it creating? All of the board members agreed that is the question. Stephen Rose referred to the Subdivision Control Regs section on ANR’s, page 3, B. Plan Believed Not to Require Approval as a Subdivision, 2. A). “That each lot on the plan and any parcel altered by the plan meets the requirements of the Zoning Bylaw as to minimum area and frontage…”
Maggie Leonard proposed trying to add more language to the plan that would prevent the lots from being sold as lake access to 35 different entities: “Parcels 1 through 35 can only be conveyed or sold to owners of abutting property.” Cindy Hoogs agreed that this would be good language to include on the plan if the board endorses the plan as a Form A.
Brian Puntin reported that when four board members had met with the Select Board to inform them about the Jaffe plan the Select Board had encouraged the board to further investigate the matter and seek a second legal opinion. Puntin said that since the Planning Board has the support of the Select Board in this matter, he would like to seek a second legal opinion. Puntin made a motion that the board seek a second legal opinion and it was seconded by Laury Epstein. The board discussed a couple of different choices for counsel namely Kelton Burbank and Joel Russell. It was voted unanimously by the board that Maggie Leonard should contact those lawyers.
Meeting adjourned 7:54 p.m.
Respectfully submitted,
Maggie Leonard
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