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Stockbridge Planning Board
March 28, 2006

MINUTES

Present: Chairman Doug Rose, Robert Bartle, Eric Plakun, Paul Coates, and Barbara Cohen Hobbs
 
Absent: Allan Blau, and Gary Pitney

Meeting called to order at 7:30 P.M.  Member Hobbs made a motion to approve the minutes of February 14, 2006.  Member Bartle seconded this motion and it was unanimously approved, 4-0.  Member Bartle suggested one amendment to the minutes of February 28th.  Member Hobbs made a motion to approve the minutes of February 28, 2006.  Member Bartle seconded this motion and it was unanimously approved, 3-0.

This public hearing was held to amend the Zoning Bylaws Section 2.2 definition, Cottage Era Estate and to amend Sections 4.11.A.36 and 6.6.1. Member Rose presented the article for discussion.  Member Bartle made a motion to accept the amendment for the Cottage Era Estate and to recommend acceptance of the article at Town Meeting in May.  Member Hobbs seconded this motion and it was unanimously approved, 5-0.

This public hearing was held to amend the Zoning Bylaws Section 2.2 definition Municipal/Governmental Use. Member Rose presented the article for discussion.  Member Plakun made a motion to accept the new definition for Municipal/Governmental Use and recommend acceptance at Town Meeting in May.  Member Hobbs seconded this motion and it was unanimously approved, 5-0.

The Planning Board held a public hearing to review the matter of rescinding the constructive approval of the Stone Ridge Subdivision.

Member Rose moved that the Planning Board find that Waiver #1 which Stone Ridge applied for in its Application for Definitive Subdivision Plan Approval, dated October 11, 2002, was not in the public interest and thus should be rescinded if, in fact it has been constructively approved and not previously rescinded. This was a request for a waiver for the length of the dead end street, which was beyond the 500 foot maximum allowed by Stockbridge Subdivision Regulations. Member Bartle seconded this motion and it was unanimously approved, 5-0.

Member Rose moved that the Planning Board find that Waiver #2 which Stone Ridge applied for in its Application for Definitive Subdivision Plan Approval, dated October 11, 2002, was not in the public interest and thus should be rescinded if, in fact it has been constructively approved and not previously rescinded.  This was a request for a waiver for the distance of the offset of the proposed subdivision from the Lahey Crossroad 
intersection.  Member Bartle seconded this motion and it was unanimously approved, 5-0.

Member Rose moved that the Planning Board find that Waiver #3 which Stone Ridge applied for in its Application for Definitive Subdivision Plan Approval, dated October 11, 2002, was not in the public interest and thus should be rescinded if, in fact it has been constructively approved and not previously rescinded.  This was a waiver request for concrete markers for property line designations.  Member Coates seconded this motion and the final vote was 1 in favor 4 opposed.

Member Rose moved that the Planning Board find that Waiver #4 which Stone Ridge applied for in its Application for Definitive Subdivision Plan Approval, dated October 11, 2002, was not in the public interest and thus should be rescinded if, in fact it has been constructively approved and not previously rescinded. This was a waiver request for no sidewalks.  Member Bartle seconded this motion and the final vote was 1 in favor 4 opposed.

Member Rose moved that the Planning Board find that Waiver #5 which Stone Ridge applied for in its Application for Definitive Subdivision Plan Approval, dated October 11, 2002, was not in the public interest and thus should be rescinded if, in fact it has been constructively approved and not previously rescinded.  This was a waiver request for the turning radii in two corners of the subdivision to be reduced from the required distances.  Member Coates seconded this motion and it was unanimously approved, 5-0.

Member Rose moved that the Planning Board find that Waiver #6 which Stone Ridge applied for in its Application for Definitive Subdivision Plan Approval, dated October 11, 2002, was not in the public interest and thus should be rescinded if, in fact it has been constructively approved and not previously rescinded.  This was a waiver request that the road width be reduced from what is required in the Stockbridge Subdivision Regulations.  Member Coates seconded this motion and the final vote was 4 in favor 1 opposed.

Member Rose moved that in light of the evidence that the Stone Ridge Subdivision property is no longer encumbered by a mortgage, I move that, in accordance with General Laws Chapter 41, Section 81U, the Planning Board rescind constructive approval, if any, of the Stone Ridge Application for Definitive Subdivision Plan Approval dated October 11, 2002, ,denied on March 11, 2003, despite allegedly being constructively approved on or about February 9, 2003, which was subsequently rescinded on October 31, 2003, for the following reasons:

1.	The application was deficient, as described in the letter dated January 21, 2003 from the BSC Group.
2.	The applicant failed to respond to deficiencies in its application under Section 4.202 p and r of the Stockbridge Subdivision Regulations, which were pointed out
and required through a vote of the Board during the public hearing on November      12, 2002.
3.	Several parts of the application, as submitted, were not in compliance with the Stockbridge Subdivision Regulations, namely the length of the dead end road, the problematic offset, the insufficient turning radii of corners in the proposed road, and the inadequate width of the road.

 Member Bartle seconded this motion and it was unanimously approved, 5-0. 

With no further business, Member Hobbs moved to adjourn.  Member Bartle seconded this motion and the meeting was adjourned at 8:30 P.M.

Respectfully submitted,

Jaimy Messana
Planning Board Secretary