These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Marc Garrett, Malcolm MacGregor, Larry Rosenblum, and Bill Wennerberg
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Sunna LLC – Appeal
The Board discussed their options in regards to Zoning Board of Appeals (ZBA) Case No. 3545, Sunna LLC, 9 Long Pond Road. The Planning Board had submitted a recommendation that would uphold the Building Commissioner’s determination that an automobile dealership was not an allowed use on the proposed site. The ZBA overturned the Building Commissioner’s determination thereby allowing an automobile dealership on the site. The decision was filed with the Town Clerk on Thursday, October 8, 2009.
Marc Garrett updated the Board on his meeting with Peter Conner, Chair of the ZBA. Mr. Conner agreed that this was a gray area in bylaw language, but they felt the information provided to them was sufficient to overturn the Building Commissioner’s determination.
Lee Hartmann noted that Viking Development has agreed to amend the MOU for their petition before Fall Town Meeting to restrict automobile dealerships from the 47 acres to be rezoned.
Mr. Hartmann noted that the deadline for any appeal is October 28, 2009.
Board of Selectmen Chair Richard Quintal and member Bill Hallisey attended the ZBA meeting and were supportive of the use proposed for the site. Mr. Quintal was supportive of bringing new business, jobs and tax revenue to the Town. He suggested that the “gray” language in the bylaw should be clarified.
Mr. Garrett noted that language in the bylaw “Vehicular-related uses, including new and used automobile sales and auto rentals, provided that any outdoor service or repair areas shall be screened from public ways and abutting properties by walls, fence and/or evergreen vegetation at least five feet high” specifies the zones in which automobile dealerships are an allowed use. The phrase is used in multiple places in the bylaw and not used in other areas. Mr. Garrett was not sure that allowing “retail uses” equals the same language. He was supportive of the court making a determination on whether “retail uses and display areas” is an umbrella term that would allow an automobile dealership on this property. If the court supports the ZBA’s decision, the bylaw should be
amended. Mr. Garrett also noted that there is an intent difference in the language.
Malcolm MacGregor noted that it was never the intent of the Board to allow a business with an extreme display area or type of sales in this zone.
Mr. Hartmann stated that there are two issues, does the Planning Board appeal the ZBA’s decision to the courts and should we clarify the issue in the bylaw so it doesn’t come up in the future.
Atty. Edward Angley stated that his client has agreed to add language to the MOU that would prohibit automobile dealerships on the property that is before Town Meeting for rezoning.
Larry Rosenblum stated that the Board should proceed with the appeal and work to clarify the issue in the zoning bylaw.
Malcolm MacGregor moved for the Planning Board to proceed with an appeal of the ZBA decision; the vote was (3-1) with Bill Wennerberg in opposition.
Malcolm MacGregor moved for the Planning Board to rescind their support of the rezoning of the 47 acres for Fall Town Meeting.
Atty. Angley stated that they have agreed to prohibit automobile dealerships on that property.
Mr. Hartmann suggested that the Board’s support could be contingent upon the amendment to the MOU being completed prior to Town Meeting.
Atty. Angley agreed to work with the Board of Selectmen and staff to draft the amendment to the MOU.
Mr. Garrett stated that he would like to be included in the review of the draft language.
Mr. MacGregor withdrew his motion.
Malcolm MacGregor moved for the Board to rescind their support of the proposed re-zoning of Map 89, Lot 32A in the absence of any MOU that restricts automobile dealerships on that parcel.
Mr. Garrett requested that the motion be amended to require that the draft MOU be completed by October 19, 2009 and to include language that if the Court upholds the ZBA decision, automobile dealerships could be allowed on the 47 acre parcel.
The vote was unanimous (4-0).
Malcolm MacGregor moved that the Board to approve the Vote of Clarification for the Kettleview neighborhood within Boulder Ridge in the Pinehills development; the vote was (3-0-1) with Bill Wennerberg in abstention.
Malcolm MacGregor moved for the Board to adjourn at 4:30 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: November 2, 2009
Administrative Assistant
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