HomeMy WebLinkAbout1982-04-15 Planning Board Minutesminutes of the Meeting of Apri,l 15, 19€32..
Chairman Mitchel called the.me.eting to order at 7;12 PM, in
Room 131, Leading Memorial High, School, 62 Oakland Road with.
Board members K. Messina, J. Shav7e A. Burne.and M.,R, ch present.
There were also approximately 60 citizens present as well as
Board of Selectmen Paul Bustin and John Russell, Co-chairmen
of.. Conservation Commission, Harold Hulse and Sally Hoyt, Town
Counsel, petitioners and their attorney.
Chairman Mitchel opened the meeting by stating that the purpose
of this meeting was to explore with the Board of Selectmen and
the Conservation Commission the advisability and implementation
of imposing a conservation restriction on the back.porton of
land at 267 Main Street. At last week's Board meeting, the
Board had originally voted not to recommend Article 27, but
a subsequent vote supported deferring action on Article.2,7's
recommendation until input on traffic analysis, conservation
restriction and additional information from the.Town's Boards
and Town Counsel could be received.
The Chairman stated that the purpose of the. restriction would
be to have the back portion of land at 267 Main Street remain
in a natural state and that no building would be, placed beyond
the present A-40 zoned property.
Town Counsel quoted both MGr, Chapter 7 "conservation restric-
tion" rules and regulations and Conservation Restriction Act,
Ch. 184, 31-33. In Town Counsel's opinion, this property
would more likely apply to Ch.. 184, 31-33. Mr. Cohen stated
that this conservation restriction could be accepted by the
Town either through Town Meeting with the proper article placed
on the Warrant or through the, Conservation Commission with
approval from the Board of Selectmen Such `a restriction could
be made in perpetuity, it would just require rerecordinq the
document in the 30 year expiration.
Chairman Mitchel briefly outlined the ongoing process incl'uding
the 2 hour public hearing during which the neighboring residents
noted their concerns with traffic safety, drainage and pedestrian
safety, as well as the visual impact in the neighborhood.
The Board has just received notice that traffic lights will be
installed at Main and South Streets, thus affording a more con-
trolled flow of the traffic. The tax base could be improved by
such a development with little drain on Town services, as per
letter from Town Assessor. The placement of the building at the
front portion of the property will have less of an impact on
the neighborhood and also less demand on Town services for
connections to water and sewer lines. Condominium developments
do their own plowing and snow removal as well as trash pickup
and driveway maintenace.
Town Counsel then stated that the Town should take necessary, pre-
cautions. If Town Meeting votes rezoning without the conservation
restrictions in place then nothing can force placing those restric-
tions. Adequate time should be allowed to work out restrictions
and approval from the Attorney General's office would be the
kev factor. The placement of the restrictions would become
enforceable 30 days after Attorney General approval of rezoning.
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Mr. Russell of the Board of Selectmen stated that the Selectmen
have not had time to act on this matter but will explore questions
and report back to the entire Board. Mr. Dustin concurred and
questioned Town Counsel as to the legality of this procedure and
whether or not it would constitute "contract zoning".
Town Counsel responded that a municipality should not bargain
away its right to legislate, but more than 20 years ago the
Masse Supreme Court upheld a decision stating that as long
as the restrictions were voluntarily placed it was allowable
for the comprehensive planning of a municipality. other States
have considered this matter and those cases have also been up-
held. In his opinion, it is an acceptable land use technique
but the Town should follow the Newton vs. Sylvania case closely
to insure its legality.
Chairman Mitchel asked if the Town should have an actual interest
in the land. Town Counsel responded that a conservation restric-
tion is considered as an interest in the land and would be suffi-
cient.
Attorney Latham then presented the Board with a proposal whereby
the petitioners would convey for a fee ($1) a portion of the land
in the back area which would be 15 feet wide and 50 feet long.
This would provide the Town with an actual interest in the land
and would also provide the residents of Shacckford Road additional
protection. They would provide more land but must maintain a
certain percentage of land for density requirements. This pro-
posal should be considered as an additional safeguard and not
in place of the conservation restriction. The petitioners will
still impose a conservation restriction on the 2.44A on the
back portion of the land.
The Chairman accepted the layout of this proposal and then
outlined the options for the Planning Board. It would be up
to the Moderator to schedule another Town Meeting next week
but Town Meeting would most probably be deferred until dune.
Co-Chairman Harold Hulse of the. Conservation Commission read
a letter into the meeting record which stated that "commission
believes that the use of a conservation restriction is an
effective mechanism for perpetually prohibiting further develop-
ment of open land located adjacent to any existing or proposed
development®." But the conservation Commission "does not wish
to endorse the zoning change..„(.but) if the proponents proposal
is acceptable to Town Meeting, (they) will abide by the wishes...
and accept a conservation restriction.
The Chairman accepted the letter and again outlined the Board°s
options: defer action; negative vote; or vote to recommend.
Ms. Rich asked the Chairman to allow the abutters an opportunity
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to tell the Board how they fell about the placement of a conser-
vation restriction. The Chairman stated that this would be
allowed at a subsequent meeting.
Upon a motion duly made and seconded, the Board unanimously voted
to adjourn at 7:5.3 P.M.,,
Respectfully submitted,
Kenneth. GA Messina
Clerk