2008-08-13-PB-min - Laserfiche WebLink

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Minutes for the Meeting of August 13, 2008 Page 7 would be an appropriate way to go. Mr. Hornig said that Town Counsel did not agree with Mr. McCord and felt that he could not adequately guarantee that services would not be discontinued. Mr. Aminipour said he had applied to the Lexington DPW and received a letter that he could connect. Mr. Hornig said Town Counsel said they could not guarantee there would be no changes to the sewer services and the Board must protect the rights of the future owners. The staff said this should be considered a major change. The motion on the table is for a major change. Mr. McCord asked who would initiate the process? Mr. Hornig said to work with staff to apply and then hold a public hearing. The motion for the change proposed is was a major change, which would need to go through the appropriate process. The condition in the special permit required the approval of Waltham. Mr. Lerman said he was in communication with Town Counsel and that he had the right to connect through the right of an easement. Town Counsel was working on a draft for an inter-municipal agreement. If both parties agree then there would be no need for a major change. Mr. Lerman was asking the Board to accept or reject the application. Mr. Henry said that §175.55 of the Development Regulations states that the covenant shall provide the future households with access to utilities. In absence of the agreement with Waltham, the Board cannot go beyond this point. Mr. Canale said the alternative would be to make it a minor change and reject the plan since it was not covered in the Certificate of Action. Ms. Manz said that the procedure for considering a major change provided a method to show the Board that sewer service would be available. She suggested that the applicant hold off applying for changes until you have an agreement with Waltham in place. Mr. Galaitsis said Town Counsel felt that there would not be enough assurances of a lawful connection and a document in writing as evidence would be required. As a result, until the documents required by the Town Counsel are submitted, and the Town Counsel’s objections to this approach are retracted, Mr. Galaitsis said that he would not be able to support the petitioner’s request. Mr. Zurlo would prefer not to have a minor/major conversation but rather see an agreement. Mr. McCord said they would like to withdraw their request for the Board to take a position tonight. On a motion duly made and seconded, it was voted, 5-0, to accept the withdrawal of their request and allow the applicant to come back to the Board when they are ready. Mr. Canale withdrew his motion.