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1. { <br /> Tiny Dorsey, Blue Castle Drive, requested that the Town Counsel letter be read into the public <br /> record. Chairman Petersen read the letter. her. Cstello's letter shared his opin*an"that the <br /> Planning Board had legal authority to require modifications or iunpr v m nts to public or private <br /> ars affording access to or from a proposed subdivision's and that they` may deny an application <br /> for special permit if, based upon the records it concludes- haat the proposed access from a public <br /> way to a subdivision is inadequate." In the letter,Mr. Costello referenced case laver supporting <br /> his opinion. Mr. Costello also noted that the Planning Board could consider public safety and <br /> traffic flow concerns. Nor. Dorsey summarized that the Planning Board could be authorized to <br /> require pavement of the road and lir. Balzarini pointed out that improvements to the road could <br /> be requested, but not necessarily paving. Mr. Fudala stated tha the developer could be required <br /> to do whatever was necessary to achieve the goad of public safety. lir. Dorsey stated that it was <br /> a bad situation and to make it right and safe, it would need to be brought up to code and paved. <br /> Mr. Balzarini inquired whether the residents realized paving the road would require that residents <br /> could lose some of the property. <br /> It was pointed out that discussion regarding the issue could now Ms. wa gan from <br /> participating in the decision, though she could review the records the tape and the minutes from <br /> one rn.issed hearing. fir. Fudala indicated that he would forward Town Counsel's letter to the <br /> applicant. <br /> Kevin Bino, representing his mother at Blue Castle Drive, referenced the letter and the <br /> opportunities held by the Planning Board. Mr. Bln concern regarding the density of <br /> the development, but it was pointed out that the project was a cluster development. Mr. Bino <br /> also expressed concern about the maintenance of the road and the developerss unwillingness t <br /> meet with the residents. <br /> MOTION: r. rini made a motion to eontinne the public hearing to November-20P <br /> t 7:10 p.m. Mr.Koohadan seconded the motion. An voted unanimously. <br /> Mr. Fudall stated that November 2 would be the last date for a decisi <br />