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HomeMy WebLinkAboutPlanning 03/19/1986PLANNING BOARD'S MINUTES MARCH 19, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Madan, Annino, Boldrighini, Fiore* and Genatossio* Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report Correspondence *Planners Genatossio and Fiore entered during correspondence. A copy of the Planning Board's Agenda for March 19, 19860 A copy of the Planning Board's Pending Business List. A memorandum from the Town Manager to the Planning Director regarding the Growth Management Council. A memorandum from Richard J. Callinan, Planning Director, to the Mansfield Planning Board regarding Subdivision Approval. A letter from Gelerman and Cashman, Attorneys at Law, to the Mansfield Planning Board regarding the fee for professional services rendered on behalf of the Mansfield Planning Board regarding the Foxboro Terminal Company. A copy of the Planning Board's Minutes for March 12, 19860 A memorandum from the Construction Inspector to the Planning Director re- garding the Canoe River Acres Subdivision performance bond revision. A copy of the Planning Board's letter to Mr. Bertram M. Cook, Inspector of Buildings, regarding the Board's recommendation on the Hatheway and Patterson Site Plan off County Street. A copy of the Planning Board's letter to Mrs. Judith F. Scott, Town Clerk, regarding the Board's denial of the "Lindsey Acres" preliminary subdivision plan. A copy of the Planning Board's letter to Mr. Bertram M. Cook, Inspector of Buildings, regarding the Board's positive recommendation on the Mansfield Assembly of God Site Plan on West Street. Planning Board's Minutes March 19, 1986 Page 2 A letter from Patrick J. and Eileen Walsh to the Mansfield Planning Board requesting notice prior to any zoning changes proposed which would affect their land located in Mansfield off Ware Street shown on assessors map 34, P arcel number 106 and 107. A notice from the Town of Easton Planning and Zoning Board. Hearings will be held on Wednesday, March 26, 1986, beginning at 8:30 P.M. A notice from the Town of North Attleboro Planning Board. Hearings will be held on Thursday, March 27, 1986, beginning at 7:15 P.M. f'-* A notice rom the Town of Foxboro Building Commissioner. A hearing will be held on Monday, March 249 1986, at 7:00 P.M. A notice from the Town of Foxboro Board of Selectmen. A hearing will be held on April 1, 1986, at 7:45 P.M. A notice from the Town of Foxboro Building Commissioners A hearing will be held on Monday, March 24, 1986, at 7:'30 P.M. A notice from the Town of Foxboro Board of Selectmen. A hearing will be held on April 1, 1986, at 8:00 P.M. A notice from the Town of Foxboro Planning Board. A hearing will be held on Thursday, March 27, 1986, at 8:30 P.M. A pamphlet from the Center for preservation Conferences, National Trust for Historic Preservation, regarding Tax -Advantaged Rehabilitation: The Inside Perspective for 1986. A pamphlet from the Bristol Conservation District regarding the tree and shrub seedling program. A magazine entitled "Planning" from the American Planning Association for March 1986. A pamphlet from the Massachusetts Housing Finance Agency for March 1986. A pamphlet from the Downtown Research and Development Center. A pamphlet from the Ohio State University Press regarding the "Journal of Planning Literature". A pamphlet from the Institute for Urban Designs A brochure from the American Planning Association regarding Planning for Affordable Single -Family Housing. Minutes of March 12, 1986 Motion: To approve the Minutes of March 12, 1986. (Quinn - Madan - All in favor) Planning Board's Minutes 'March 19, 1986 Page 3 Chairperson Flynn would like to know if any additional steps must be taken in order that the Subdivision Regulation Revisions will become effective* Planning Director Callinan stated that the Town Clerk must certify a copy of these revisions and then they must be submitted to Land Court and the Registry of Deeds before they will become effective* Chairperson Flynn would like to know if the Planning Director has obtained a copy of the court case from Town Counsel as was requested at the meeting last week. Planning Director Callinan stated that he has not obtained this copy, but he will attempt to contact Mr. Grady for a copy of this case. Chairperson Flynn asked if Hatheway and Patterson had submitted the soil survey for their proposed site. Planning Director Callinan stated that the Planning Department has not received this as yet. Chairperson Flynn asked if the Planning Director had contacted Donald Schmidt, EOCD, regarding the zoning. ,articles which were submitted for the, warrant for the Annual Town Meeting by -the Selectmen. Planning Director Callinan stated that he has spoken to the Town Manager on this matter and the Selectmen did legally submit these articles to the warrant for the Annual Town Meeting. He also spoke with Donald Schmidt, EOCD, and was informed that under Section V, Chapter 40A, the article must have been submitted by the Selectmen as a body. Planner Genatossio would like to know if a letter has been sent to the Depart- ment of Environmental Quality Engineering regarding the expansion of Hatheway and Patterson asking them if they have any concerns about the site. Planning Director Callinan stated that this letter has not been sent, but he will draft it for the Board. 3. 7:45 P.M. Discuss "Shamrock Heights" Subdivision Plan Chairperson Flynn stated that the abutters of this subdivision plan have been contacted and she would like a motion to allow these abutters to speak at the meeting this evening if they so desire. Motion: To allow the abutters to speak at the meeting this evening regarding the "Shamrock Heights" Subdivision Plan. (Fiore - Boldrighini - All in favor) Planning Director Callinan stated that he has contacted Donald Schmidt, EOCD, regarding front yard setbacks. It is Mr. Schmidt's opinion that since the 1960 "Form A" plan for the site at least showed intent for constructing a street, the courts would readily apply the legal principals of equity and possibly raise the issue of taking. The courts would also look to see if there was another access into the property, but there is not another access to the property. Planner Annino questioned whether the abutters have a right to file suit if the Board approves this plan with the houses being too close to the street; Planning Director Callinan stated that the abutters do have the right to file suit for this reason. Planner Genatossio had a question as to if the Board had the -right to waive the width of the right-of-way. Planning Director Callinan stated that the Board does have this right because it would allow the applicant to use his land without encumbering upon the abutters' lands Planning Board' -s Minutes March 19, 1986 Page 4 Clerk Quinn stated that he does not have any problem with waiving the width of the right-of-way because that would make the abutters' lots conforming and the abutters were relatively satisfied when the plan was approved with the conditions because the drainage would not be negatively impacting their property. The major problem is having a proper plan which all parties in- volved will agree upon. Michael Trowbridge, RIM Engineering., stated that since there was a problem with this plan, they have rechecked their cal- culations and everything is the same; he stated that the plan which the abutters have does not show any physical points. He also stated that even if the applicant used the abutters' plan, there would still be no problem with the construction of this subdivision. The abutters had a question as to if the setback would have to be 40 feet instead of 30 feet due to the fact that it is a corner lot; Planning Director Callinan stated that the setback would have to be 30 feet due to the fact that the frontage require- ment was increased and, therefore, any homes that were built before 1975 are considered to be "grandfathered" which would require 30 f eet. Mr. Wells stated that there have been three (3) surveys done on this property and the only survey that does not "agree" is RIM Engineering's survey. Mr. Trowbridge stated that it appears that the entire property has been shifted in one direc- tion. The Board continued to discuss the issue of which plan should be considered correct and Chairperson Flynn pointed out to the Board that that particular issue is not for them to decide. Planner Genatossio stated that the appli- cant and the abutters should meet and come up with an agreeable plan to all parties involved and then submit this plan to the Board. Planning Director Callinan stated that the practical way to solve the problem is to waive the width of the right-of-way to 44 feet. Planner Genatossio had a concern due to the fact that the plan submitted and tentatively approved by the Board did not show a right-of-way of 44 feet, it showed a right-of-way of 50 feet. The majority of the Board members felt that they should proceed with this plan and conduct the public hearing that they have voted on, but Planner Boldrighini stated that he does not feel this is necessary. He stated that the applicant and the abutters should work this out amongst themselves be- fore the Board signs the plans, but he does not see the need for another public hearing. Chairperson Flynn stated that unless the Board conducts another public hearing, they must sign the plans when the appeal period is up because he has technically met all the requirements in the rules and regulations. Clerk Quinn stated that since the plan was approved subject to conditions and the conditions have not been met (i.e. zoning violation for the existing lots) the Board should conduct another public hearing in order to resolve the remaining issues: the zoning violation, the soils map which needs further review. He feels that this will give the applicant and the abutters the time they need to resolve their differences dealing with the plans. Planner Boldrighini again stated that he did not feel this was necessary, but the remaining members felt that the public hearing should be held as originally decided at last week's meeting. This hearing will be advertised and held on Wednesday, April 16, 19869 The Board also discussed the issue of sending a letter to the Town Clerk and the Building Inspector informing them of the actions taken regarding this subdivision plane Planning Board's Minutes March 19', 1986 Page 5 Motion: To send a letter to Judith F. Scott, Town Clerk, and a copy of this letter to Bertram M. Cook, Inspector of Buildings, advising them that the conditions under which this plan has been approved have not been met and, therefore, the Board will be holding another public hearing on Wednesday, April 16, 1986, to discuss rescinding their original vote. It shall also be noted -that the Board requests that no action be taken on this plan, (i.e. no building permits issued), until such time as the public hearing is held. (Quinn - Ann ino - All in favor) i - 4. Al Endriunas - Discussion on "Whiteville Pond" Al Endriunas approached the Board and stated that the reason he would like to speak to them this evening is to acquire feedback regarding the cleaning of "Whiteville Pond". He stated that the -"Whiteville Pond Association" that owns the pond is currently looking for someone to clean out the pond and before he gets involved in this, he would like feedback from the Board as to if there would be any problems and what would be needed. Chairperson Flynn informed Mr. Endriunas that there was an Environmental Impact Study conducted in this area in Town and although Whiteville Pond was not part of this study, the study did state that it was not financially or environ- mentally feasible to clean the pond; she stated that this study is available in the Planning Department office if he would like to review it. Mr. Endriunas stated that boorings have been done on this pond in the past and the results were favorable; he stated that they will be de -watering the pond and excavating approximately 16 to 18 feet. Planner Genatossio in- formed Mr. Endriunas that a Special Permit for the Gravel Removal Operation would be needed and certain procedures would have to be followed. She also stated that a bond would be needed for the project to insure that the work will be completed; the type of bond would have to be verified with Town Counsel and the estimate of the bond would be done by the Town Engineer so Mr. Endriunas would have to speak with him to find out the source which is used to calculate the bond. She also stated that the decision of the Board would depend on the type of information which was located and if Fay, Spofford and Thorndike brought up any concerns within the Environmental Impact Study, they would also have to be addressed. Planner Genatossio asked Mr. Endriunas if he had ever done any type of work like this before and, if so, she would like to know if she could contact the people. Mr. Endriunas stated that he has conducted work similar to this at Jerry's Farm on Pleasant Street in Brockton and that the Board can contact these people. Planner Boldrighini stated that Mr. Endriunas should speak with the Planning Director during the week and gather all possible information and then if he feels it is worthwhile to pursue this, he should come back to the Board with a plan. Chairperson Flynn thanked Mr. Endriunas for coming in to speak with the Board and in- structed him to keep the Board updated on this matter. 5. Discuss "Shiloh Estates" Definitive Subdivision Plan Planning Director Callinan stated that although the public hearing for this subdivision has not been held yet, he would like the Board to conduct a pre- liminary review of this plan in order that any comments they have can be addressed to the appropriate persontoanswer their questions. He feels this will save the Board a lot of time at the public hearing. James Dunn, engineer, stated that they have conducted soils tests on this property, but he does not Planning Board's Minutes a, March 19, 1986 Page 6 have the information available this evening. Planner Genatossio asked if these soils tests were taken for the roadway and when Mr. Dunn replied that they were not, she stated that she would like soils tests taken in the roadway and she would also like Soil Conservation to review this plan prior to the public hearing. Motion: To have the Soil Conservation Service review this plan and give recommendations to the Board prior to the date of the public hearing. (Genatossio - Annino - All in favor) Planner Genatossio asked if a memorandum has been sent out for comments from the various department heads on this subdivision plan. Planning Director Callinan stated that these have been sent out, but he has not received any response as yet. Planner Genatossio stated that if the department heads do not reply, she would like a reminder sent to them to review the plan because she feels that this is very necessary. She stated that there appears to be a large amount of wetlands on the property and that there are questionable soils on the property. Mr. Dunn stated that the soils on the property are adequate although there are some muck, whitman and scarboro soils in certain areas of the property. Planner Genatossio asked Mr. Dunn if he could con- duct some soil boorings in the roadway in order that the Town Engineer can determine if they are adequate to handle the roadway. Mr. Dunn stated that this can be done", but he would like to speak with the Town Engineer first to make sure that these are definitely necessary. Planner-Annino asked Mr. Dunn what the water table in this area was determined to be. Mr. Dunn stated that the water table is high, but it varies. Planning Director Callinan stated that he has spoken to Mr. Peter Fletcher regarding the water table and was informed that there is really no reliable way to establish the water table other than observation wells. Chairperson Flynn stated that the Soil Conservation Service will review this plan and the Town Engineer will address the drainage and determine whether the soils are adequate for the roadway. 6. "Form A" (ANR) plans Webron Realty Trust - Chauncy Street The applicant of this "Form A" (ANR) plan is Webron Realty Trust. This "Form A" (ANR) plan consists of a parcel of land on the southerly side of Chauncy Street bounded northerly by Chauncy Street, easterly by Harrington, southerly by the Bonwood Company and westerly by the Bonwood Company. The reason this plan does not constitute a subdivision is because Lot 5 has been taken for Highway purposes and Lot 6 has sufficient area and frontage as per zoning. The checklist is complete. Motion: To sign the "Form A" (ANR) plan for Webron Realty Trust on Chauncy Street. (Genatossio - Boldrighini - All in favor) John T. Mahoney III - Maple Street The applicant of this "Form A" (ANR) plan is John T. Mahoney III. This "Form A" (ANR) plan consists of property on the right hand side of Maple Street near the Easton Town Line. The reason this plan does not constitute a subdivision is because there is frontage and the required square footage on a public way (Maple Street). The checklist is complete. Motion: To sign the "Form A" (ANR) plan for John T. Mahoney III for Maple Street. (Fiore - Quinn - All in favor) Planning Board's Minutes March 19, 1986 Page 7 7. Additional Correspondence Chairperson Flynn stated that she would like to have the Board reviewthe "Application for Special Permit" Planning Director Callinan stated that this is in -rough draft form and' that it would be for all Special Permits that are submitted due to the fact that there is no application currently. He stated that on Line 7, it may be helpful if it read "Size of Existing Building" and then place a line with square feet at the end of that line; on Line 8, the words "square feet" will be placed at the end of each line. He staged that Line 11 requests the applicant to place the specific section of the Bylaw that this Special Permit would fall under. Planner Genatossio would like an additional line put on this application so that.the date of the public hearing can be placed directly on the application. Planner 'Fiore stated that he would like the words "true and correct" in the paragraph above the applicants' signature. This will be done. The Board members felt that it was a good idea to have this application. { x The Planning Board received a memorandum from the Construction Inspector regarding the "Canoe River Acres" Subdivision. This memorandum outlined the prices for completion of the required improvements at this subdivision; there were three (3) alternatives given. Planning Director Callinan out- lined the three (3) alternatives for the Board and stated that they must e decide which alternative to use in order that the applicant can be notified of how much the additional -bond -would be which 'needs to be posted. Planner Fiore stated that this roadway was not constructed correctly the first time and, therefore, he feels ghat the Board should go with the higher,estimate which is alternative one (l) in: the amount of , $36, 083.77. 'Planner Boldrighini stated that he did not�feel this.was necessary, but the majority of the Board felt that it was the safest route to take, Motion: To set .the bond using alternative No. 1 which is $36,083.77 for the "Canoe River Acres" Subdivision. (Fiore - Quinn - Flynn - Genatossio - Annino) (Planners Madan and Boldrighini were opposed to this motion) 8. Around the Table Planning Director Callinan stated that the Board has received two (2) def in- itive subdivision plans and the hearing dates must be set for these two public hearings. The Board decided to set the hearing for "Jason Lane" for Wednesday, April` 16, 1986, and to set the hearing for "Massapoag Estates" for ` Wednesday, April 23, 1986. The Planning Board received a memorandum from the Town Manager regarding the Growth Management Council`. Clerk Quinn asked if the Growth Management Coun- cil was utilizing the money from the grant or the money from the appropriation and whether it was a comprehensive plan or a master plan. Planning Director Callinan stated that it is a comprehensive and/or master plan. Clerk Quinn would like to know who implements this plan and if it would have to go to the Town Meeting. Planning Director Callinan stated that Town Meeting would be the appropriate forum for the master plan so that it can be accepted, but it is not a law that this must be accepted at Town Meeting; he also stated that he would like to see'a comprehensive zoning change in the near future and he would like all the different Boards and Committees involved because they are also involved in the implementation of this plan. Clerk Quinn would like to 'Planning Board's Minutes I March 19, 1986 Page 8 know what Board or Committee implements this plan because it cannot be im- plemented by the Growth Management Council due to the fact that they are only an advisory board. Planner Genatossio stated that according to State Law, the Planning Board drafts -the plan and the Selectmen implement it. She would like to know whose committee the Growth Management Council is, the Planning Board's or the Selectmen's. Planning Director Callinan stated that he would like this board to be semi-independent as the Industrial Zoning Committee was semi-independent* Planner Fiore stated that the Board is having a problem due to the fact -that they do not,.know what a Growth Plan is as compared to a Master Plan and he would like to knowthedifference. Planning Director Callinan stated that a Growth Plan projects the outcome for the Town and also will give direction to the Town as to any zoning changes that are needed. He stated that the Growth Management Council will function as an independent group and they will advise the Board on.long-range planning matters; this plan is submitted to the Planning Board and, therefore, the Board will still be involved in the process because all the information must be conveyed to them through this Council. Clerk Quinn had a question as to the membership of the Council and the fact that he feels there should be two (2) Planning Board members on the Council, not just one (1). He also stated that there may be a problem because the members,.which are on the Council will expect to be supported by the remainder of the Board.memberslandthere may be -some disagr-eement If that I should happen, they will have tofully. discuss the matters a I nd he feels that this will be re- peating what the Council is accomplishing. Chairperson, Flynn stated that.,there. is no way that this plan can go to Town - - Just not feasible. Planning Dilrec- Meeting and be voted on properly, it is Jus for Callinan.agreed with her, but stressed that any zoning revisions that would come outof the plan would have to be voted on at Town Meeting. Chairperson Flynn asked if the Growth Management Council will be using the money -appropriated through the Town ($25,000) or the money granted to the Town by the EOCD. Planning Director Callinan stated that the money which was appropriated at Town Meeting, the $25,000, will be used by the Council, but this does deal with the Master Plan because the information gathered by the Council will serve as a data base for further work on the plan. He stated that if the Council does not use this money, they will not be able to use thegrant money. Chairperson Flynn stated that she was opposed to using the Master Plan money for this Council and Clerk Quinn stated that he believes if this money is going to be used, the Board will have to apply for a transfer of funds. Planner Genatossio stated that the grant which was awarded to the Town is not very clear to the Board, they know virtually nothing about what it is to be used for and what is required for them to use it. Planning Director Callinan stated that this grant application was signed by the former Chairman o * f the Planning Board and the Chairman of the Board of Selectmen and he will mail a copy to each of the Board members in order that they can review and fully under- stand what is expected for the use of the grant money. He stated that it is basically for a zoning update and improving the rules and regulations. He stated that he will also provide a copy of the grants submitted from the Town of Norton and the City of Taunton in order for the Board's review. *Chairperson Flynn left the meeting at this point. *Clerk Quinn to be temporary Acting Chairperson for the remainder of the meeting. Planning Board's Minutes March 19, 1986 Page 9 Planner Genatossio asked if the Council would be using the money granted to the Town from the EOCD. Planning Director Callinan stated that the Council will be using,the money which was appropriated at the Annual Town Meeting due to the fact that the background information is needed before the money from the EOCD grant can be used; he stated that that was. one of the criteria for using the grant money due to the fact that a data base, which is the first steps in completing the master plan, is needed. Acting Chairperson Quinn stated that the use of this money by the Council would have to be voted upon at Town Meeting and if it is approved, there is no problem. If it is not approved, there will be a lot of problems. Planning Director Callinanstated that he is aware that there may be problems, but he was not aware of what was expected of the Town prior to meeting with the EOCD when he was informed that the grant money had to be used by December 31, 1986, which is the reason for the fast action on this matter and the fact that the Planning Board was not notified of all the steps in this process. He stated that he will send copies of all the information he has regarding this matter to all the members of the Board; the $25,000 will primarily be used for a consultant, he has already sent out the bids and conducted two (2) pre -application conferences with the consultants - he will also send a copy of this to the Board members. Planner Genatossio stated that she has a problem with this because it is really after the fact. She stated that the Planning Director's criteria is on the bid applications, but the Planning Board's criteria is not; she feels that this is a problem. She feels that a vote of the Board should have been taken prior to the bid applications being sent out. Acting Chairperson Quinn stated that he would like all information sent out to all the members. Planning Director Ca.11inan stated that he will have this done and he also pointed out to the Board that all the work must be completed by the end of this year which is the major problem dealing with the time element. Acting Chairperson Quinn stated that he would like to advertise for the two (2) citizen -at -large posi- tions for this Council and conduct the interviews for them and then nominate them. Planning Director Callinan stated that he will do this, but he informed the Board that they will probably have to meet an additional night to do these interviews and nominations. The Board suggesting having these interviews con- ducted along with the Board of Selectmen so that it will not be a repeat process. Planner Madan stated that an article is on the warrant fortheAnnual Town Meeting regarding sidewalks on Franklin Street and he would like to know when the public hearing will be held for this article. Planning Director Callinan stated that the Board does not have to hold a hearing for this article, they only have to render a report on it since it is for a municipal project plan and the Planning Board is the clearinghouse for all municipal project plans. The Board decided to just have the sponsor of this as well as other municipal proj- ect plans come and speak to the Board. Planner Madan stated that he has noticed a large number of people jogging or walking through the Cabot, Cabot & Forbes industrial park during the afternoon and he feels that the Board should require sidewalks should any more development for the park come before the Board in the future. The Board felt that they should think about this factor* Planning Board's Minutes Ma�rch 19., 1986 Page 10 Planning Director Callinan stated that he has met with the applicants and the engineer of the "Eastleigh Estates" subdivision plan and they have showed him a plan for lots fronting on Route 106. He stated that he ex- pressed his disappointment to the applicants and engineer and was informed that this plan would probably never be implemented due to the fact that the lots are worth more money within a subdivision rather than fronting on Route 106. The applicants and the engineer will be meeting with the Planning Di- rector to discuss alternative plans. The reason this is being submitted as such is due to the zoning article requiring 300 feet of frontage should the lots front on Route 106; the applicants want to protect their land. Planner Genatossiolhad a question as to whether the lots would be protected since it is a dimensional requirement, not a use requirement. Planning Director Callinan stated that he will check into this natter, but that the owners can always place the lots under separate ownership and, in that manner, protect their lots. 9. Public Discussion Joseph Zeneski stated that he met with the Board of Selectmen this evening to discuss the Water Protection article which was sponsored by the Selectmen which dif fens from the articles submitted by the Planning Board for the Water Supply Protection article. He requested the Selectmen to work with the Planning Board in order that a common agreement might be reached since the articles do dif f er and it has been noted that there is a problem with the manner in which these articles were submitted to the Town Clerk for the warrant. Mr. Zeneski stated that John Dunn informed him that he has spoken to Town Counsel and was informed that the articles were submitted properly, but Mr. Zeneski stated that Karen Galanti spoke with Donald Schmidt, ECD, and was informed that an article submitted for Town Meeting must be submitted by a vote of the Board or by peti- tion of ten -registered voters. He stated that the minutes of these meetings have been checked and the only time that there was a vote of the Selectmen was on February 3, 1986, which was after the date that the Town Meeting warrant was closed and this vote was only a vote to include all the articles in the warrant, not a separate vote to submit the article to the Town Clerk for the Water Supply Protection District. Planning Director Callinan stated that he was informed by the Town Manager that this was a vote of the Board of Select- men. The major concern of the Board is that the Planning Board's article will not pass and the Selectmen's article will and then when it is submitted to the Attorney General it will not be valid due to the fact that it was not submitted correctly and, therefore, there will be no article for the Water Protection District. Karen Galanti stated that she has spoken with the Selectmen and was informed that if they should get a determination from EOCD in writing that this article was not legally submitted, they will withdraw their article from the warrant. Joseph Zeneski stated that he would like the Board to wait until John Dunn of the Board of Selectmen can speak to the Planning Board this evening and the Board agreed, *The Board took a five-minute recess. John Dunn entered the Planning Board meeting and Mr. Zeneski outlined to him what the Board had been discussing. John Dunn stated that this article was submitted to the Town Clerk.with the Board of Selectmen as the sponsor. The Planning Board's Minutes lurch 19, 1986 Page 11 Selectmen did not meet before the warrant closed, but they did meet on the Monday after the warrant closed and voted to include this article in the warrant for the Annual Town Meeting. He stated that when the question was raised regarding the legality of the submission, he contacted Town Counsel for a determination and was informed that this article was legally submitted. He stated that if the- Planning Board receives a determination from the EOCD which states that this article was not legally submitted, the article will be withdrawn; but if there is not a problem with the submission, the article will remain on the warrant. After considerable discussion on this matter, Planning Director Callinan stated that he will again speak with the EOCD and request a determination on this matter. Joseph Zeneski and Karen Galant i thanked the Board for their time and stated that they would appreciate being informed of upcoming matters regarding this article. 10. Date of Next Meeting is Monday, March 24, 1986, at 7:30 P.M. 11. Meeting adjourned at 11:15 P.M. CL RK Ild 51f G ATE /