HomeMy WebLinkAboutPlanning Brd Exec Min_10191994PLANNING BOARD
EXECUTIVE SESSION MINUTES
OCTOBER 19, 1994
The board discussed School Street Mansfield Realty Trust vs. Town
of Mansfield regarding Back Bay Circle. Mr. Burke explained that
several years ago, the applicant filed a preliminary, which the
Planning Board denied. They refiled and wanted to do
condominiums. The ZBA denied them a variance, and the applicant
appealed, revised the plan, was denied again, and went to the
Court of Appeals, where they lost.
They filed again with duplexes, requesting 19 waivers, and the
neighborhood got together and rezoned the area from R3 to R2. The
Planning Board denied the plan, and the applicant appealed to Land
Court. Time is running out on the site's zoning protection, and
the original plan was refiled in the spring of 1994. The Planning
Board originally denied the preliminary, then approved it.
The applicant's attorney, Ed Valenzola, is now asking to settle
out of court. Mr. Burke said the developers made allegations they
had been misled; Mr. Burke said neither he nor the board misled
the applicants and said if they went to court, the town would
likely win. Town Counsel said they had the right to resubmit and
the board has to hear it again. Attorney Mangiaratti suggests
requesting dismissal with prejudice, which he said would get the
town to the same place without spending all the time and money.
Planner French requested asking Town Counsel what the implication
of dismissal without prejudice is and what it would mean regarding
zoning requirements. Planner Trombetta suggested the Planning
Board include the conditions it wants to see in an agreement with
the developers, including resubmission being dependent upon the
zoning and subdivision regulations in effect at the time of the
1994 submission. The board was also agreeable to waiving the
$2,800 submission fee.
Mr. Burke said he would check with Town Counsel on the zoning and
subdivision regulation issues and the time frame.
Motion. To go out of executive session.
Trombetta - Yes
Flynn - Yes
Bonds - Yes
Sullivan - Yes
McClanahan - Yes
French - Yes
Sigrj ture of Jerk Date of Approval