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Boulder Capital Withdraws Preliminary Subdivision Plan Planning Board defers reciprocation
Above, Town Counsel, left, some members of the Planning Board and the Board of Selectmen, as well as Town Manager Anthony Troiano, met with representatives of Boulder Capital out of the earshot of the public during a break in the Public Hearings, at a recess called by Planning Board Chairman Mark Abate.
February 25, 2008 — This evening, the Planning Board held a Public Hearing for people to weigh in with question's about Boulder Capital's proposed zoning change for its Legacy Farms OSMUD (Open Space Mixed Use Development), a development of 940 homes and 450,000 ft2 of commercial/retail space. The proposal combines modern building techniques and forward looking community plans, including neighborhood stores and bus stops. This type of dense community development — sometimes called smart growth or Low Impact Development — clusters buildings to prevent sprawl, and leaves open space; in this case, hundreds of acres. Their proposal to change the zoning must go before Town Meeting on May 5, 2008, and pass with a 2/3 majority, as all zoning articles do. The zoning changes are an overlay district that would become effective at the start of construction on land that is now largely zoned agricultural. "Do we want to keep the zoning, or do we want to change the zoning?" asked Second Vice-Chair Joe Markey rhetorically, explaining in simple terms, the matter before the town. Abutter Jane Moran asked the Planning Board to consider drawing up some standards that would, "Drastically cut down on lawsuits." Alex Brown, a member of ZAC (Zoning Advisory Committee), spoke in favor of the proposed zoning changes, calling them "innovative." Abutter Chris Barry said, "I attended every meeting (ZAC) since it started and I was often the only member of the public. What document are we talking about? How are we going to allocate 15 minutes on documents we don't even understand?" READ MORE "It is beyond the ability of the Board to understand," said Chairman Mark Abate. "It is only a placeholder on the Town Meeting Warrant." Mr. Barry protested language in the proposal that would allow the Planning Board to waive a 100' setback from residential property. "With 700 acres, I don't think discretion to change it is right. It should be 100' period," he said. The Planning Board voted to continue the Public Hearing .
Subdivision plan Withdrawn At the heart of the second Boulder Public Hearing this evening was a scheduled Preliminary Subdivision plan that would freeze the current zoning in case the OSMUD fails to pass. Following Boulder's submission of that plan to the Planning Department, the Town's negotiating team of Town Counsel Ray Miyares, Town Manager Anthony Troiano and Town Planner Elaine Lazarus responded with a proposed Town Meeting Article to place a moratorium on zoning changes on the property for a year. The reasoning was to buy some time for the town in case the Boulder OSMUD fails at Town Meeting. It is unclear which side would prevail in litigation, but Town Counsel was confident that a moratorium for a year would stand the test. However, at the beginning of the Public Hearing for the Plan, and following a closed-door meeting with some officials (Photo above), the Subdivision Plan was withdrawn by Boulder. "Will the town withdraw the moratorium?" a reporter asked, expecting reciprocity. "We'll be discussing that," said Chairman Mark Abate. The Planning Board discussed the matter, with Chairman Abate and member Ken Weismantel favoring dropping the moratorium, but member John Coolidge, Claire Wright, Carol DeVeuve in favor of keeping it in place while the negotiating team looks for another solution. Boulder Capital President Roy S. MacDowell, Jr. put the matter into perspective when he noted that the OSMUD would be difficult to pass as it is, but with the moratorium Article on the Warrant, it would likely fail. Selectman Michael Shepard said that if the moratorium Article is on the Warrant, then people will work toward passing it, which would undermine the OSMUD Article. "We have a developer who can work with the Town. He has come up with some things that are cash positive," said Mr. Shepard. Mr. Coolidge said that this was the last chance the Board would have to vote on the measure, as there were no more scheduled Planning Board meetings before the deadline for Article submissions. "Mr. MacDowell can file a subdivision plan two weeks from now," he said. Mr. Miyares said that removing the moratorium Article at this time would be a leap of faith. "I recommend the decision be deferred long enough for the negotiating team to come up with something," he said. The Planning Board did not vote to remove the proposed moratorium Article from consideration, in order to give the negotiating team more time to hammer out an agreement with Boulder that would fall short of that drastic measure, as one person called it. The Planning Board has continued the Public Hearing until March 4 at 6:00 p.m., to be concurrent with the Selectmen's meeting, the day before the Town Meeting Warrant closes.
Below with glasses, Town Counsel Ray Miyares, to his left Boulder President Roy S. MacDowell, Jr.
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