The following summary statement was filed in Superior Court on of the abutters by their attorney Silas Little ..
The Petitioners are abutters and aggrieved persons to land owned by Robert Van Dyke which received from the Winchester Planning Board site plan approval for a cluster development.
The Petitioners challenge the participation of Margaret Sharra and Dean Beamon in the deliberation of the Planning Board on the site plan. The Petitioners assert that these two(2) members of the Board were disqualified because of positions taken during the process which showed they were not neutral to the application.
The Petitioners also raise the issue of the interpretation of the cluster zoning ordinance and the permissible intrusions into the buffer zone for this cluster development as well as the granting of several waivers by the Planning Board without proper demonstration under the Planning Board regulation of the necessary facts in order to obtain the requested relief.
This Summary Statement is intended pursuant to notice of the Court and is not deemed an admission or to delimit the appeal to the court.
Saturday, July 19, 2008
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