Appeal of Barons South Designation as Open Space

The following is information to aid in the review of the Planning & Zoning Commissions decision to make Baronds South Open Space.

RTM VOTES 20-14 to Overturn P&Z, not enough to meet the 2/3 required. Barons Will be Open Space.

The RTM P&Z Committee Voted 8-0 to recommend the RTM overturn the P&Z (Report to follow)

RTM P&Z Committee-
Monday April 6th, 7:00pm Auditorium.
Monday April 20th, 7:00pm Auditorium.

FULL RTM - Special meeting Tuesday April 28th, 7:00pm Auditorium

To send an email to the full RTM write to

P&Z Hearings:
There are no formal full minutes to any of the hearings or work sessions. The P&Z hearings are video taped instead.

All Hearings and Meetings can be seen via stream on the website. (You can also order a DVD from the Town Clerk
Click for video list (working on fixing link issue, town hall is aware of issue)

Public Hearing dates w/ streaming video links:
3/12 (First Hearing, with Senior Housing pre applicaton, then open space hearing)

3/19 (Second Hearing, then work session and Decision later on)

4/20 (RTM P&Z Committee meeting and vote)

RTM Rules:
RTM Rules in Reviewing P&Z
Town Attorney Memo, confirming rules

The RTM can only have one resolution, that is to review and overturn the P&Z. This must be done within 30 days and takes a 2/3 vote of the body of 36. Thus it takes 24 votes to approve the resolution. Here is the town code which outlines this.

P&Z Information:
P&Z Decision #687 on Open Space
Staff Report on #687

Positive 8-24 Report to approve the use of Barons for Senior housing
Decision to deny prior Text #677 Amendment Regarding Barons South
PZ Aproval of prior text #675 for Senior Residential housing (appealled to the RTM and sustained, see below RTM PZ reports)

Non Conformance Memo
PZ Barons Timeline

P&Z Commissioner Information:

Cathy Walsh submitted information: (this is a mix of info, mostly generic background. Some was not submitted, but fits with the timeline) Thanks Cathy
Walsh Timeline for Barons
Assorted Letters 1988
Assorted Letters 1989
1996 RTM LRP on Barons
Conservation and LWV on Barons 1997
PZ Chair Lowenstein on Barons 1998
1999 FS Farrell and Barons South Planning Committee Report
8-24 Request for Senior Housing 2010
Staff report on 8-24 Request 2010
Positive 8-24 Report to approve the use of Barons for Senior housing
Text 625 PZ approval 2011 (appeal to RTM and upheld, see below RTM PZ Reports)
Appraisal by assessor of Barons Land
Open Space Subcommittee Sign in Sheet 2015

Jack Whittle Submissions
Statement to RTM PZ Com
Map modification during P&Z work session

David Lessing Submission
Letter Submitted at Hearing in his absence Mr. Lessing Spoke at RTM PZ meeting and reiterated it

Town Information:
Town Plan of Conservation and Development
Board of Finance Minutes on Purchase of Barons
RTM Minutes on Purchase of Barons

Barons South Senior Housing Proposal Feb 2015
Housing Open Space Plan, submitted by Ken Bernhard

1999 Diane Farrell Letter and Potential Plans for Barons South

Town Attorney email on Deed and Taxation
Town Attorney memo on Fair Housing
Town Attorney memo on Preferences
Town Attorney email on Site Visit rules

Memo From Human Services on Need for Affordable Housing

New info
Marpe Letter on use of Barons Land
Time line of Town/BSC/Rose and the P&Z, since Sept 2014
Percent of locals living in senior communities
Jonathan Rose won't pursue plan if land remains open space

Petitioner Information:
Petitions to Overturn
Petition from Ken Bernhard
Bernhard Statement 1 of 2
Bernhard Statement 2 of 2
Petition from JoAnn Davidson
Davidson Statement
Petition from John Weiss (merging with Aasen)
Petition from Martha Aasen
Statement by Aasen
(these petitions create the resoluton to review and overturn the P&Z)

Petitions to Sustain
Petition from Pamela Wriedt-Boyd
(this petition does not create a second resolution to sustain)

RTM P&Z Committee Reports:
Final Report on 8-0 recomendation to Overturn P&Z decision

Links to documents used in the report:
P&Z Decision #687 on Open Space
Staff Report on #687
Town Plan
Letter Submitted by P&Z Commissioner David Lessing at hearing

The following is from a prior appeal in May/June 2011 to the RTM concerning the text amendment #625 to create a zone for 60% affordable for senior housing. In that appeal the RTM voted to sustain the P&Z action. This text stands to this day. It was this text that was proposed to be modified in Aug 2014 which was denied by the P&Z.
Positive Report from RTM PZ
Minority, Negative Report from RTM PZ