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The appointed hour having arrived the Chairman read the Public Hearing notice <br /> into the record and called the Public Dearing to order. She recognized Lawrence D. Carr, <br /> Director of Development, for New Seabury. <br /> Mr. Carr provided some history on the property which was originally approved as <br /> a -lot residential subdivision located at the end of Fairway Lane, off of Sea Zest( rive. <br /> There is a cul-de-sac area called Flat Pond Circle. There are also common driveways off <br /> Flat Pond Circle serving clusters of four/five lots each. As insurance issues began to <br /> arise on the Cape it was realized that several of the lots within the earlier subdivision <br /> included areas located within the flood plain and therefore have incurred higher-insurance <br /> rates. <br /> . There have also been titles issues that have encumbered seven lots located <br /> within the subdivision. It was determined that the roadway could not be reconfigured <br /> without approval from the Commonwealth. <br /> Reference rence was made to a letter from the General Council of the Department went o <br /> Conservation and Recreation,the successor agency to the Department of Environmental <br /> Management, in which the Department agrees to the abandonment of the roadway within <br /> the original subdivision. <br /> The current subdivision plan serves to restore the original seven lots within the <br /> original 2 -lot residential subdivision. <br /> (There was brief discussion regarding the requirements of the New Seabry <br /> Special Permitradwy conditions.) <br /> Mr. Rowley suggested the-Board impose a covenant to insure that all road <br /> construction has been completed. <br /> Mr. Carr intedeeted that there is a covenant in place for the original subdivision <br /> which covers the construction of the roadway under discussion, as well as the main <br /> roadway known as Flat Pond Circle. <br /> The Town Manner clarified that the covenant will be referring to the original plan, <br /> a specific subdivision plan and date. <br /> Mr. Rowley suggested an additional covenant be placed on-record for the current <br /> project/plan in the event the lots shown on the current plan become available for sale. <br /> The Town Planner agreed to an additional covenant making reference to the <br /> current plan and being indicated on said plan as well. Depending on what Mr. Rowley <br /> finds at the time of inspection, if the road has been completed.an additional covenant <br /> would not be required; or if he finds evidence that a covenant is needed in the event <br /> construction has not been completed. <br /> 4 <br />