Planning Board minutes 1989-09-27

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Minutes for the Meeting of September 27, 1989 2 Mr. Sorensen felt there was little difference between the cluster and the conventional plans. Mrs. Wood replied the cluster plan would allow them to preserve the barn. Mr. Bowyer noted that both Mr. Williams and Mrs. Uhrig had stated that a cluster plan, not necessarily the one before them as a prelimi- nary plan, should be the choice of the developer. Mr. Sorensen suggested and the other members agreed, it should be one that would pull the buildings off the hill more, to reduce destruction of the site. Mrs. Wood stressed for Mrs. Vilasi, the applicant, who was present, that the Board would not be able to approve any plan, until the problem of the illegal units is corrected. Mrs. Klauminzer wanted to be recorded as not wishing the problem to be corrected by eliminating the illegal units and evicting the tenants. She acknowledged that this was a very difficult problem for the applicant, and the Town had indicated a willingness to work with the applicant to try to accomplish both goals; to preserve the housing, and produce an approved subdivision. Mrs. Wood added that she wished to see a plan showing existing major trees on the site. She also said the Board preferred that the applicant file again at the preliminary plan stage so that the problems discussed tonight can be worked out before the definitive plan stage. Mr. Sorensen added the decision should note that the special permit for a cluster subdivision is a discretionary permit granted by the Board when they determine it is a better plan than a conventional subdivision. The Board reviewed a draft decision, dated September 27, 1989, disapproving the preliminary plan. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to disapprove the preliminary plan. Mrs. Wood asked if Ms. Vilasi wished to make any comments. Ms. Vilasi commented on the difficulties and the length of time it has taken her to put this development together. She felt she had been put in the middle of a bad situation, with very little help, and that it had been very costly. She added that she felt her only option at this point would be to evict three tenants. Mr. Higgins, her representative, stated that he had tried to file a comprehen- sive permit with the Board of Appeals and that it had not been accepted. In response to a question from Mrs. Wood, as to whether she would consider filing a RD rezoning for the next Annual Town Meeting to legalize the multiple units, Ms. Vilasi commented that the Town Clerk had questioned a signature on the article she had filed in December, 1988. Mr. Higgins added he felt the RD rezoning process was not favored by Town officials. Mr. Bowyer commented that the petition had been submitted with 12 or 13 signatures, and that the Town Clerk did not certify five of the signatures, which resulted in less than the 10 signatures required. Mr. Higgins stated that they were interested in preserving and allowing the multiple units to continue as rental units, and in building a subdivision on the other parcel, now before the Board.