TOWN OF
PLANNING BOARD
Minutes of a Meeting of the Planning Board held on
PRESENT: SAMUEL SOLOMON, CHAIR
ELI
HAUSER
PETER
O’CAIN, ASST. TOWN ENGINEER
Business
transacted:
I.
Meeting
called to order. The minutes of the
None.
Gallery
in the Square,
Ms. Maniscalco moved to disapprove the preliminary
subdivision plan based on the outstanding items listed in Mr. O’Cain’s memorandum to the Board of
_______________________
Administrative
Assistant
Minutes
of Meeting
Page Two
John Lee was in representing the ZBA. Mr. Lee noted that the applicant for the King
Phillips Rock property had come before the Planning Board (“PB”) some time ago
with a two lot subdivision. That
subdivision was disapproved by the PB.
They then filed a 40B with the ZBA showing 24 units. After a number of hearings before the ZBA,
the ZBA denied that 40B for pretty much the same reasons as the PB did, among
which were safety issues coming onto
Mr. Lee inquired if the applicant had re-approached
the PB to discuss the initially proposed two lot subdivision. Mr. Solomon answered that the PB has not been
approached by the applicant; that Mr. Solomon had heard about the possibility
of an appeal through Town Counsel.
Mr. Cohen pointed out that the applicant had never
reached the definitive stage of the subdivision filing. The PB had disapproved the preliminary plan,
which is not unusual, as the preliminary plan is intended to be a guidance plan
and rarely has all the information required.
A disapproval of the preliminary plan doesn’t determine anything, as the
approval or disapproval of the preliminary has no bearing on whether the
definitive plan will be approved or not.
Mr.
Solomon also added that there were several issues why this plan was not
approved, one being a question of whether or not the applicant actually owned
or had rights to some of the property that they were showing as theirs and
easements on the parcels. The applicant
could not show clear title at that time.
Mr. O’Cain confirmed that the applicant showed parcels on the compliance
plan that they did not own.
Minutes of Meeting Page
Three
Mr. Lee indicated that the ZBA was under the
impression that the applicant
went the 40B route because they were denied the definitive
filing. The ZBA has spent a good year
looking at these plans and feels that 12 lots was very intense for this neighborhood;
the grades were very steep. So the ZBA
thought it might be the best solution for everyone if the two lot subdivision
could be revisited.
Mr. Cohen answered that the Board could not give any
type of guarantee that a two lot definitive plan could get approved, as the
subdivision would have to go through the regular approval process. He did add that the climate has somewhat
changed since the original filing, and with all else involved, the PB might be
more willing to look at this subdivision more favorably.
Mr. Solomon said that there were some things wrong
with the original plan and that basically the applicant did not address those
issues. As Mr. Cohen explained earlier,
the preliminary plan is a venue to obtain feedback from the PB as to what will
or will not be acceptable at the definitive stage. Obviously, there is something to be said for
two houses rather than 12 but it would have to be something that could be done
in a way that would not contravene the subdivision regulations. They would still have to show that they could
build the subdivision in compliance with the Rules and Regulations and then
request waivers. This Board has been
fairly generous with waivers because it feels that those types of subdivisions
do not have the need for the infrastructure that a larger subdivision
would. This is the Board’s take on this
issue.
Mr. Meister of the Conservation Commission asked if
this was a proposal that the applicant would agree on? Mr. Lee answered that the ZBA’s
view is that there are problems with what is being currently proposed and are
wondering if the PB would look favorably on such a situation.
Minutes of Meeting Page Four
One of the abutters to this property said that it
was scary to him that the State could side with a developer and agree that twelve homes would be better than two. He does have safety concerns and indicated
that if the applicant was willing to work with the PB, he and other abutters
would be in favor of that.
Mr. Solomon explained that the PB could not assure
that the two lot subdivision would be approved.
The PB has been open to discussions as to what a developer could do with
a parcel prior to filing an official subdivision. This developer is welcome to come and talk with
the PB any time. There is no plan before
the PB, so it is difficult to determine what action, if any, would be
taken. The Board is always willing to
explore options that may be presented.
Mr. Lee said that the ZBA just wanted the PB to know
that they could live with the PB approving a two lot subdivision on this
parcel.
Mr. Meister of the Conservation Commission
(“ConCom”) just wanted to point out that the Town has made an investment in the
King Phillip property and a lot of land around it has been donated by the
Trustees of Reservations. The proposed
40B will be setting next to this property, so you know what the ConCom’s stand on this issue is. These 12 lots would jut right out into the
middle of that property. So if there is a
way the PB could look at this, maybe the applicant will be a little more
reasonable with following through.
Mr. Solomon explained that this is really a moot
point as there is no filing before the PB.
It was not up to the PB to solicit the applicant to come before the PB
either, so if the ZBA wanted to send them our way, the PB would be more than
happy to meet with them.
Minutes of Meeting Page Five
IV. CELL TOWER DISCUSSION WITH MR. RANSOM
Mr.
Ransom explained to the Board that he was just exploring his option with the
ten acres at the corner of
Mr. O’Cain told Mr. Ransom that his property had to be
within the cell tower overlay district to be considered for a cell tower. It was Mr. O’Cain’s understanding that
Mr. Ransom would have to go before Town Meeting to change the zoning for his
property.
Mr.
Solomon explained that if the Town did change the zoning on this parcel to be
included in the overlay district, Mr. Ransom would have to go before the ZBA to
obtain a special permit. He could
encounter resistance at Town Meeting, however, as people might question why a
new structure in the Town was needed when there were already existing
structures, such as high tensions towers, etc., that antenna could be put
on.
He
also explained that any rezoning that needs to be done has to first come before
the Planning Board. The Board, after
public hearings to obtain input, would then make its recommendation to the Town
Meeting whether or not it is in favor of this change.
Mr.
Cohen said that if you could get a variance from the ZBA, it would probably be
easier than trying to get a zoning change passed through the Town.
Minutes of Meeting Page Six
VI.
There being no further business before the
Board, the meeting was adjourned at