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HomeMy WebLinkAboutPlanning Brd Minutes 3/3/1987t PLANNING BOARD'S EMERGENCY MEETING MINUTES MARCH 3, 1907 Present: Chairperson Flynn, Clerk Quinn Planners: Annino, Caponigro, Genatossio, Madan, Sohn 1. Meeting called to order at 7:00 P.M. Chairperson Flynn explained to the Board that a letter had been sent to Town Counsel requesting his assistance in writing the three articles proposed for the'Trash -to- Energy zoning to be presented at Town Meeting with a copy to the Board of Selectmen. Town Counsel John Dwyer informed Chairperson Flynn that the request was overwhelming and that he would not be able to write the articles for the Planning Board. At that time, Chairperson Flynn and Town Counsel did put together an article for the moratorium portion. Tonight's meeting is to make a decision as to whether the Planning Board would still like to submit all three articles, or if the moratorium article would be sufficient. Motion: To accept the following article to be advertised in the Mansfield News: To see if the Town of Mansfield will vote to es- tablish a moratorium on the construction and siting of trash to energy plants, resource recovery plants, or any other incineration or dis- posal facility within the Town for a period not to exceed two years, or until Town Meeting takes ac- tion on recommendations by the Master Plan Ad- visory Committee on the siting, construction and /or operation of these types of facilities. (Quinn - Annino) All in favor. PASSES. Planner Genatossio stated she had been involved in the committee for solid waste disposal and would be willing to look up the cor- rect verbiage in order to cover all possible types of disposal facilitites and would contact Chairperson Flynn before the notice was given to the Mansfield News. The Planning Board agreed to this suggestion. Motion: To eliminate the options suggested for an article on the Trash -to- Energy zoning which are, first, to propose out- right prohibition of a Trash -to- Energy facility and second to regulate this usage through a special permit and submit only the article regarding the moratorium to Town Meeting. (Madan- Quinn) All in favor. PASSES. Planning Board's Emergency Meeting Minutes March 3, 1987 Page -2- Chairperson Flynn advised the Planning Board that she spoke with Town Counsel, John Dwyer on Friday, February 27, 1987 regarding the Downtown Zoning article. The litigation for this is still going on and no judgement has been reached. Chairperson Flynn read a statement given to her by Mr. Dwyer: "Current zoning, which was amended and approved at the Special Town Meeting in Oc- tober 1986 and approved by the Attorney General, are presently the Law, although pending litigation will ultimately invalidate them and prior zoning will then take affect. To vote on these re- zoning articles, which are the Law, is moot, until there has been a judgement made to invalidate them by the Court. After this is done, then you may vote to amend the by -law." Members of the Board felt that the Planning Board should not do anything un- til litigation is resolved. Others felt this was Town Counsel's personal opinion, not a recommendation based on case law. On the advise of Planning Director Callinan, Chairperson Flynn spoke with Don Schmidt of EOCD and asked his opinion. Mr. Schmidt stated that it is obvious what the intent of the Planning Board was and that incorrect posting, lack of notification to abutting towns and the lack of the Planning Board's signature were not enough for any judge to throw out the amendment which was voted on by Town Meeting members and approved by the Attorney General. He said to go ahead and submit the amendment for the next Town Meeting. Chairperson Flynn stated that this article has been submitted to Town Clerk, Judith F. Scott, by a vote of the Planning Board. Motion: To withdraw the article submitted to Town Clerk, Judith Scott. (Madan -Sohn) Planner Caponigro in favor. Planners Quinn, Genatossio, Annino and Flynn, opposed. FAILS. Planner Sohn stated at this time that she had spoken with her at- torney who advised her that, to go against Town Counsel's recom- mendation would be leaving Planner Sohn, as well as other members of the Planning Board, open to be personally sued. Motion: _To send a letter to Town Manager, Ronde Wilson, request- ing the written opinion of Special Town Counsel, Al- phonse Query, on the legality of submitting the amended Downtown Zoning article for this year's Annual Town Meeting. Copy of appeal of the article to be sent to Special Town Counsel. Planning Board's Emergency Meeting Minutes March 3, 1997 (Quinn - Annino) Planners Sohn and Genatossio in favor. Planners Madan and Caponigra, Opposed. PASSES. Meeting adjourned at 7:50 P.M. CLERK DATE I1 3