Planners Deny Endorsement To Megansett Street Property Division Plan | Bourne Information

The Bourne Planning Board selected to not endorse a plan for division of property on Megansett Street being offered by the Animal Rescue League of Boston. The deliberate division will change into licensed in 21 days, however with out the help of board members.

The property situated at 55 Megansett Street in Cataumet is below a purchase order and gross sales settlement between the Animal Rescue League and Cape Cod Constructing Inc. of Sharon. The developer submitted a plan to divide the 18 acres into eight one-acre heaps and one 10-acre lot.

The proposed division of the property initially went earlier than the planning board on Could 27. The applicant requested endorsement of their plan for dividing the land below Part 81P of Massachusetts state legislation.

Part 81P says if a growth meets all zoning laws, resembling required frontage and entry, and doesn’t set off subdivision management legal guidelines, then the board should give its endorsement, with no public listening to, as “approval below the subdivision management legislation not required,” or ANR. The deliberate property division, as filed with the city planning division, meets all zoning necessities.

Endorsement of a plan as ANR doesn’t translate to approval of plans for building on any one of many heaps. Definitive constructing plans should be offered to and authorized by the planning board at a later date.

The Could 27 assembly was lengthy and contentious, with representatives of the applicant arguing the board was obligated to endorse below 81P and residents talking out in agency opposition to the plan. The problem was continued to a particular assembly of the board on Monday, June 7.

Late final week, the Bourne Conservation Belief introduced it had reached a preliminary settlement to purchase the 55 Megansett Street property from Cape Cod Constructing. Monday night time, Cape Cod Constructing’s lawyer, Robert M. Shelmerdine, declined to debate particulars however confirmed that his shopper is in critical negotiations with the Belief.

“It’s not a one hundred pc finished deal,” Mr. Shelmerdine stated, “however the conversations and discussions are completely critical.”

Throughout Monday’s assembly, it was identified that, below Part 81P, if the planning board chooses to take no motion on the applying for ANR endorsement, after 21 days, the City Clerk should certify the plan. Some residents recommended that the acquisition and gross sales settlement between the Animal Rescue League and Cape Cod Constructing incorporates a codicil that requires planning board endorsement.

Mr. Shelmerdine refuted that declare. “It’s completely irrelevant,” he stated.

Maureen York of Cataumet learn from a piece of the gross sales settlement that said that Cape Cod Constructing was chargeable for “acquiring an endorsement and unconditional approval from the Bourne planning board to a reportable plan, pending closing.”

“Doesn’t that imply there must be unconditional approval, not simply certification?” she requested.

Mr. Shelmerdine defined that the part addressed the client’s due diligence and listed gadgets the client had the suitable to do. Acquiring ANR standing endorsement from the planning board, he stated, is “not a situation of the settlement to promote or a situation of the settlement to purchase.”

Questions had been additionally raised as as to if a majority of the board members in attendance was obligatory for a legitimate vote, both optimistic or adverse, or whether or not a majority of the board membership needed to vote. Chairman Daniel L. Doucette stated that traditionally the board has accepted a easy majority of the members current. Cataumet resident John E. York argued {that a} vote required a majority of the membership.

Members agreed that the foundations governing votes taken by the planning board are ambiguous.

Member Elmer I. Clegg identified that Cape Cod Constructing had property at each 55 and 96 Megansett Street focused for growth, a complete of 21 acres. The houses that might be constructed on all that land, he stated, would maintain septic techniques leaching into Squeteague Harbor that might harm wildlife habitat and be disastrous for the harbor.

Mr. Clegg stated that, traditionally, ANR standing was established for small growth initiatives that may not require full analysis by the planning board. Improvement of the scale Cape Cod Constructing has in thoughts, he stated, ought to should undergo a full analysis by the board and never be allowed to bypass scrutiny.

The board has a proper to withstand, Mr. Clegg stated, and his method to withstand shall be to abstain from voting on the applying for ANR standing. The developer could get approval by the city clerk after the 21-day assessment interval ends, he stated, “however let him get it with out expression of help from this board.”

No board member made a movement to approve or deny the ANR software. The assembly was adjourned with no motion taken, in order that approval shall be granted in 21 days however with out the board’s endorsement.

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