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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