5/16/1991 CONSERVATION COMMISSION Minutes

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Conservation Commission May 16, 1991 Page 3. significant enough for a filing of an amended order. Mr. Sherman stated the general outline he and Ms Fantozzi put together should ascertain from earlier aerial photos and topo maps ghat was there and then discuss some habitat resourse area enhancement somewhere else on the property. Ms Fantozzi advised the order of conditions for the pedestrian culvert is due to expire in January of 1992. When the extension permit comes up, an approach for the discrepancies can be worked out. To the question if the sale falls through and RTC ends up with the property again, Mr. Butler stated they will not be obviating the enforcement order; they have a back-up purchase and sales agreement and someone waiting in the wings who is aware of the enforcement order. Mr. Sherman stated no neer issues would be raised but to reframe some of the enforce- ment order in more specific detail with specific orders referenced. Mr. Butler stated', until the actual closing, they will work with the buyer and his experts. It is at the discretion of RTC to approve capital improvements under the management agreement and he was sure everything proposed tonight would be approved. Mr, Mclaney stated the situation will be unproved in the interim period. The fact they do not have a certificate of compliance is a large leverage point. Ms Behrman stated when the original special pe n.it was in the process of public hearings before the Planning Board, she rade some comments, and as a result the applicant agreed to Mace a deed restriction on lots along Shoestring Bay, "no disturbance within the 100 foot resource area". She has never seen any evidence whither this was done, Mr. Butler advised 142 - 167 were the subject of an agreement of Quinaquisset Realty trust and the applicant and partially released from the Sentry mortgage, They have not been developed and he is not aware if there were any restrictions. They are still subject to the provisions of the special permit. There ,were no 'comments from the public. OTE: Motion made and seconded to setnd the order of conditions under SB 43-642 to Willow Bend (golf course) to expire on September 30, 1991. Vim: Motion made and seconded to extend the order of conditions under SE 4 -641 to Willow Bend (Cranberry Bog) to expire on November 3 , 1991, with the addition of a condition that one round of water sampling be done in the six month period. Tnanu* nous Vote. Ms Fantozzi to consult with the Conservation Agent. WIND Great Neck Road - Conservation Restriction. Mr. Butler advised he represents Related Compardes, a New York developer which took over the project consisting of 170 condo units, no golf course. The original special pent had conservation restriction not well thought out. A flaw was that the major enforcement body would be the Trustees of Reservation who felt there should be division of responsibility. A redraft document of the conservation restriction was provided to the commission dividing the responsibility for enforcement geo- graphically. It is proposed to retain the natural. vegetated Mate along the Mashpee Diver. Mr. Butler has met with Planning Board and Town Counsel, who has signed off on -this. They will be back before the Planning Board in three weeks for final approval of the modification.