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Home My WebLink About1976-09-28Friday, Septeaber 25, Special The PLA~N~ BoARD held a special meeting ca Fri~ evening, 8epteahar 25, 1973 at ?~30 P.M. The fallowing mmbers were prescat and voting: ¥~1~.41= 0hapulis, 0h~aan; John J. Mcateiro, ¥ioe 0~t~aan; Paul R. Laaproy, 01erk; There ~ero 25 peopXe preacat for the aeeting. Mr. Ohepulis explained that this meeting was elided to take. aetica ca a plan which the Beard had reviewed at its last neetiug~as a p~- not requiring approval under the 8ubdivisioa Control La~ of the Stevca~ ~ Jtmmhouse developae~t. At that tine it was vo~ed to table any a~tica pe~4,~g an opinion frca T~n C~unsel as to the ~oard's action. The letter frca To~n 0ounsel was received Just this Mr. Chepulis interned these pr~scat that this vas n~t a hearing cad that the meeting was oa~d in order for the ~oard te sake a decision. Mr. geiretead discussed and quoted several parts of theAletter frca Tees 0ounsel. He stated the Board would be aeting wit~ n legal bounds to a~t as he suggests on the attached skb~b marked "An. He read the endorsement as follows: 'The endoras~cat upen this plan requested m~der the p~s~ of G.L.c. ~, ~cti~ 8~, s~d ~t, ~ the ~ Ju~ ~ t~s ~, ~ ~ ~ it at t~ t~e, for t~ ro~ t~t t~ ~titi~e ~ve ~r~o~ f~ ~ ~e ~ ~w ~d4w~t a b411 ~ ~ty ~ the ~or Oo~ of ~s ~th ~ of the tract of ~ s~ ~ ~e ~Je~ ~ ~e8 p~t c~titute a ~ei~. Mr. Ostherr po4~ted out that in answer to the second quwstica as to ~hether the 3-year proteetinn clause applies to dimenaicaal re~,4-mcats as well as use re- quiFe~cat8t he slated that~ in his opi~ica, all of th~ would apply as ~ as uae requiremerrbs. Bldg. Znspeetor Charles Foster asked the eheiman tS read the aoccad paragraph of the letter. ~. Ohepulis read as follows= 'You state that the ~o~sed t~e c~ ~s pres~d to ~u, ~ G.L.c. ~, S 8~ for ~ ~rsm~ ~on that ap~ ~. ~ you ~, t~t sect~ a~ll ~ be ~ ~as ~ ~ a~a a a~sion....." H~, ~h~ ~ ~t it ~ bye act~ p~j t~ ~h ~r ~ of A~ ~ ~e a ia ~e ~Ffe~ce of op~ ~ earth. It 8e~ to me M~ b~t to tb T~ tht nces~ ~te8 ~ ~t ~oe ~twe~ ~4*f~t To~ ~elesj ~ for ~t ~ ~ I ~d S. 8~ ~ st~ct~ e~t~, the ~Je~ p~ September 2~, 1~73 - con~. Hr. Hontsiro said Toun OomL~el hod said thor this was no~ a 8ubdiv~sion and he feels that there is a "passing tho bucke ~o a certain degree. Ho Bakes a motion th~ this is not u subdivision and does not requ4Po p~,,wee~n~ Board approval and thor the Planning Board should sign the plans. Pr. 0stherr eecor~.e~ the' motion. Hr. Keiretead asked Hr. Hontelre if he felt that taking this astion"eoUl~ not have 8n~ effect om the court case pe~__~g. Hr. Mcateiro agreed. The cour~ actAon might net come up for man~ months and' it is not fair to :an~o_-_e to drag thi~ on. ~ thO~h ho is net hop~y abott~ the p]~ll l~F~81~'C,edt he foe,s the BoaFd sho~d tm~ some action. It is unf_~ r to held up this plar, Hr. Keirstead quoted Section 21, Chopter ~0At last paragraph hav~"~~ to do ~Lth certain issues having pracedeaoe over an~ other matters before th~ eouri. Hr. Ostherr said this still could drag. ~na~ling legislation says ye should not withhold actiom ~nleee the plan shows a subdivision. Hr. Keirebead sa~d he' agrees with thor deteru*-;tion but feels the Board is being used for court evidence. To~n Counsel does not clearly give the Board a course of action but feels that ve could go along with the action taken the other Hr. Che~,l~-' read the following paragraph freu Atty. ~-~48bury's letter: "! freely admit to having arrived at this determination with some hesitancy in view of the abasnoe- of as7 law expreealy pereitting the action which I recca~ead that you take. Houever, the absence of such authority exists so~o;L~ becaube the pree~be question has never before, to my knowledge, been. raised for Judicial determ~n_mti~. There is such a thing as #new LaW being made every dsT, and ! sas ne particular reason eh7 .ye. ~ay not make some in the present circum~tauoe8." He Addedo We hove Town Con~ae~ and use~ his Services and the Board requested h~8 opinion. He thinks his letter clearly states the right way for' the' Board to go~ and that the proper eouras of action would be to go as he suggested. Hr. Chep-14 s said ho' has reservations an to whether or not this ia a subdivision. He ~ueeti~as Hdmhaeay Roed~ he bas not beau obXe to find a proper description of what hrkm~ Road is~ Where it teruinates. '. ~ Mr. Monteire asked ~40m Cyr, Highway Surveyor, who was also present. Hr. Cyr said he is of the opinion that it is a private ray and'has bean opea to the pablic as long as he can remember. Hr. Ostherr said thor attar ? years of Uso as a public ~&y a private #a~ becomes a part of the public domain. Hr. Cy~ added thor there are as ~ as ~0 streets or ~ore in toun thor are private aud used as pUblio w~ys. Mr. Chepulis que~ where Rarkaeay Road ends and quoted from the statute the Purls)sos of $~o law ~ pOWOF8 Of the pls~4w_~ Boardt especib~y "adequate access to the iotas. Some of. 'the lots go through a body of uater and this does not provide access to the lo~. Hr. 0ether said it is elearly stated in the law what constitutes a 8ubdiViaiom. Mr. Keiratead said every lot shoun has acoeee; either it 'is from the fruat or the rear. He asked if lack of action denotes approval. Diectmalon ~as held of the several ways of voting to sign or not to sign and what the end result wouId be. Hr. Chepulin said he doe~'t van+. %he pLannin~ Board to 'be u~ed &s · vehicle for the action that is going on now in the courts. He feels that Teen Ceunasl is their ed~mor smd should do what he suggests. Hr. Oetherr doasntt th4-~ u~ ~ould be used as & vehicle if we aetod en these plans. Ne have no cheioe but to endorse the plan. It is clear ~hat 8uoh end~se~ent should not be withheld unless it shows a subdivision. The etetute doesn,t mention court cases. ~hether or not buiXding permits have been issued is not cur problem. Hr. Lamprey said that if we are taken to court for tab~-~ it, at laser it is something separate and a4efe~ent and won't affect the eue one u~y or the other. A vote vas taken on tho notion to endorse the plan as net rs quiring apA~ml. Hr. M_~t_ eiro and Hr. Osthorr v~ed yes; Hr. Lauprey, Hr. geirstasd and Hr. Chepulis voted no; the motion is lost. Hr. ~tratoad, then Bade 'a eot~on to end~ree the plan aa out3~G~ 4n Toen Counsel's Exhibit "~". Hr. Lenprey seconded the mot~u. -Atty. Levine tried to speak end mentioned the open moeti_~ law. Tho Board would not allou him to opeak; however, he pointed out that such _-~_~rsenent could not be put on the plan. Hr. Chepuli8 said Toun Counsel recommends to put it on the Hr. Xairetoad rephrased his motionl the motion is to endorse the plan in the following manner= The endorsenent upon this plan requested under the previsions of Q.L.C. ~1, 3. $1P, should not, in the Jud~nont of this ~rd, be made by it at this time, for the reason that the petitioners have heretofore fixedt and there is now pending, a bill in equity in the Superior Court of thio Ccm~mrealth under G.L.C. ~OAt S. 21~ seeking an adJudicati_~_ and deteru~n-%ion that the division of the tract of land shown on the subject plan does not constitute a subdivision. See Landers and another v. Frank Serio, Jr.~ and others, Ks~x 3uperior Court No. zto67 Hr. Ostherr said are you suggesting that we sign this a~inet our will? That ia what this asy8; it says ue will endorse it but we sheuldn't. Hr. Ohep,n~; asked if it would be appropriate to suggest the word#majority, of the Board. Hr. Keiretead amended his motion to sa~ "majority~ of this Board. d~ Hr. Oetharr said ! don't know what you're sa3dng~ it oe~a we;tat_-~-_- it but we _=__h~tldu't - it's era~y. Hr. Oetherr said why don't you Just vote to not endorse the plan~ Ne ~y have two choices, either it ia a subdivision or it isn't. ~ither we endorse the plan or we don't. Whatever action We take wontt maho an~ d4eforenoe survey. Mr. Keirstead withdrew his motion end then made a motion for reeaasiderat~n of the original notion. Hr. Hontoiro seconded the motion. Tho vote uae 3- yes and Hr. Lamprey and Hr. Chepulis - no. The motion carried. ~epf~nber 28, '197~ - The meeti.n~ adjourned:3, at, 9:00 P.M. (IOOT~ Because the seeretary was unable to attend this meeting, it vas taped and later transeribed by the secretary.) .m