HomeMy WebLinkAbout1994-02-15 EXECUTIVE SESSIONExeGutive Session
Feb~ua~ 15; 1994
8en/o~ cente~
COM aDm t
The meeting was called to order at 7:37 p.m.
Members pFesent
Richard Nardella, Chairman, Joseph Mahoney, Clerk, and Richard
Rowen. John Daghlian arrived at 8:00 p.m. John Simons arrived at
8:47 p.m. Also present were Kathleen Bradley Colwell, Town Planner
and Joel Bard, Town Counsel, from Kopelman & Paige.
Mr. Nardella moved to go into Executive Session for the purpose of
discussing litigation strategy for Brook Farm and Long Pasture
Subdivisions and to discuss the settlement of the Patnaude Case.
The Board will return to open session at 8:00 p.m.
On a roll call vote:
Joseph Mahoney - Yes
Richard Rowen - Yes
Richard Nardella - Yes
Patnaude Case
Settlement discussions:
Mr. Nardella
Ail Board members received copies of the settlement.
D.P.W. issues are involved
Need Board to approve settlement and authorize counsel to
proceed to settle the case
The Planning Board discussed a change in the original settlement
document that the developer and any owner of a lot must inform the
Town Planner prior to cutting/clearing any lot.
A motion was made by Mr. Mahoney, seconded by Mr. Rowen, that the
Planning Board approves the settlement as written in the agreement
for judgement and authorizes Town Counsel to proceed with the
settlement.
On a roll call vote:
Joseph Mahoney - yes
Richard Rowen - yes
Richard Nardella - yes
Mr. Nardella
What are the implications of the lack of a date in the
covenant as to completion of the subdivision?
Attorney Bard
If the Planning Board votes to rescind the approval of the
subdivision based on a lack of construction within two years,
need to find a basis for that in the approval process, cannot
rely on the covenant.
The Planning Board needs to make a finding that applicant is
not in compliance with condition of approval.
Mr. Nardella
If the Board votes to rescind the approval, is the applicant
then grandfathered under I acre zoning?
Attorney Bard
No grandfathering because the 1988 approval supersedes the
1987 approval. Counsel's position is that once the 1988
approval was rendered, 1988 zoning regulations applied, i.e.
2 acre zoning.
Mr. Mahoney
How does the fact that they were precluded from accessing
their property affect this?
Attorney Bard
Should not affect it because it was up to developer to come
before the Board and request an extension.
Mr. Rowen
We can prove that they have not adhered to their approval
conditions.
Mr. Nardella wants to see rules adhered to and wants Town to vote
to rescind. The Town changed zoning for a reason and the Board
should follow it.
Attorney Bard told the Board that they could write a decision that
work must be completed from date of endorsement or automatically
rescind.
John Daghlian arrived at 8:00 p.m.
Mr. Mahoney asked Attorney Bard for a recommendation. Attorney
Bard's told him "no", it was a policy call by Board. If Town gets
sued, it is a borderline case because relying on a statement in the
application fo~m, not the decision itself or the covenant.
The Board will add time limit on endorsement to all decisions with
extensions granted for good cause shown or rescind approval.
Mr. Mahoney stated that the Board needs to adhere to the Rules and
Regulations and feels case is full of holes.
Mr. Rowen asked if the Board approved a plan that does not conform
to zoning, would the applicant receive a building permit?
Attorney Bard stated that it would be up to the code enforcement
officer to make that determination if a person would get a building
permit.
Mr. Rowen stated onus should be on the applicant to pursue an
extension. Typically if a people come for an extension the Board
grants it, what if they ask for an extension?
Attorney Bard replied the Board could grant an extension but that
counsel still takes the position that it is 2 acre zoning.
The subdivision plan was never endorsed.
Attorney Bard told the Board that they are not entitled to
grandfathering under 1 acre zoning.
Vote to rescind approval on plans never being endorsed.
On a motion by Mr. Mahoney, seconded by Mr. Daghlian, the Board
vote on a roll call vote to come out of Executive Session.
Mr. Mahoney - yes
Mr. Daghlian - yes
Mr. Rowen - yes
Mr. Nardella - yes