Greenfield Zoning Board of Adjustment
Meeting Minutes
October 17, 2006
Board convenes at 7:30pm with Chairman Gryval, members Phelps, O’Connell, Dineen, and Pettigrew present.
John discusses his recent discussion with town council.
John explains why hearing notice was not published due to communication error.
John explains that we’re here tonight to reconsider granting an appeal for Landmark for re-hearing the Planning Board refusal to accept their open space development application as complete.
John asks Attorney Parent why she feels the Board should re-hear this case under 676:5.II because the Planning Board made a decision based on an interpretation of the Zoning Ordinance.
Attorney Parent then list points made in appeal, in points one and two she states they do have access and submits letters stating so from the O’Breins and others to the board stating so. On points three and five, they feel the Planning Board erroneously interpreted the net developable area in the open space ordinance.
The Board discusses the information presented and felt that point one was already facts because they did not have the access that is required by the ordinance because of the previous ZBA denial and point two was a Planning Board requirements, not a zoning ordinance.
The Board then discussed whether to hear points three and five, and discussion centers on the open space ordinance.
Craig makes a motion to grant a hearing for point three, but not points one, two, and five.
Seconded by Kevin, motion passes three to two, with Roger and Dan voting against, John, Kevin, and Craig voting for.
Board sets time and date for the hearing, and works on the formal letter to applicant, and agrees to the following.
“Dear Mr. Stewart:
In response to your Appeal from Administrative Decision of Planning Board, Motion for Rehearing dated September 19, 2006 The Zoning Board has decided to grant you a hearing on November 7, 2006 at 8:00 pm to answer questions with regards to reason #3.
“The Planning Board feels that the application’s dwelling count of 32 is much greater than what is allowed in the Open Space Development Ordinance.”
Please feel free to submit any legal arguments for legal review prior to the November 7th Hearing.
The Board decided not to grant a Hearing for reasons #1,2, and 5, as these do not present a separate issue of zoning ordinance interpretation.”
Board closes meeting at 9:30 pm.
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