2008-01-16-PB-min - Laserfiche WebLink

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Page 2 Minutes for the Meeting of January 16, 2008 Mr. Hornig said the issue is focused around one procedural point, §135.42.E(2)(d), which allows the plan to change, provided those changes are consistent with what was presented at Town Meeting and they do not conflict with the text of the PSDUP approved by Town meeting, including the dimensional standards. He said that to keep the contract with Town Meeting, the numbers in the PSDUP must be followed. In M.G.L. c.40A sec. 10 it states that the ZBA can grant a variance for a revision that is specific to a site, but not for one affecting the entire zone. Mr. Grant said a Special Town Meeting just voted on this in October 2007 and might not want to be called back for these small changes. Town Meeting already looked at the project twice, in 2004 and 2007, and the plan still adheres to the net floor area with no more occupiable area. As a Town Meeting Member he feels these changes are insignificant. Ms. Manz noted that the height change is only for one building, and wondered if there is a way to frame the variances so that each change is lot-specific? Mr. Hornig said the other changes apply to the entire zone. He feels that the contract with Town Meeting gives it a right to reconsider the project. Mr. Galaitsis agreed with Mr. Hornig, and noted that the impervious surface ratio is larger than originally presented, even though the net square footage of development is the same. He wondered if Town Meeting members looked at the percentages or numbers but commented that his guess is that Town Meeting would have approved it anyway. Mr. Hornig said the Planning Board needs to decide if they want to state a position to the ZBA prior to its upcoming meeting. Mr. Grant noted that the project had to get a special permit from the ZBA as a follow-up to the PSDUP, and that variances were an alternative form of relief which the ZBA could grant. Mr. Hornig thought using the special permit only was inappropriate under §135-42e(2)(d). Ms. Manz said the general plan is as seen at Town Meeting and she had no problem with the merits of the changes. She is inclined to have the Planning Board abstain and let the applicant take the route of its choice with the ZBA. Mr. Buckley said a provision was added to Section D: Miscellaneous in the PSDUP, which allows considerable flexibility in case of any conflict or ambiguity which could be resolved to provide satisfaction of the development intent. Mr. Galaitsis said he would not make a direct recommendation to the ZBA without input from Town Counsel on the legal aspects of the case. He was also uncomfortable with the impervious surface ratio going from 25% to 32%. Mr. Hornig said that as there was no consensus of the Board, he would not recommend a course of action to the ZBA. Mr. Canale rejoined the meeting.