12/19/1979 PLANNING BOARD Minutes

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PLANNING BOARD MINUTES 12 f 19/7 9 cunt t d Page 2- Mr. Marsters further explained that the purpose of this notation is to call the attention of anyone that the covenant has to be' satisfied before any lots can be released or transfered. Russell Peters asked if this applied to all subdivisions in the Toxm of Mashpee including those in Quaker Road and other parts of �Iashpee. Mr. Marsters told him he would have to Zook at each one individually, but this was generally the case. Mr . MarS,--ers explained the . Planning Board has to settle this one first ; we have a pryblerr �nri th this ore have- laws :i.n� town and p lease let uzj try to . Live by Lhes'e laws , Clara el i.L.Lui dskvd WILat resolutions there are to this situ�.ti6n-:;.to which lvlrl, iviarsters replied the resolu.-i 0r, is to g.et the roads constructed according to specifications and no further, transfer of lots should take place. If there is no agreement to construct those roads to specifications , then the approval of this -subdivision will be rescinded, Mr. Marsters dial go on to say that there is no problem with any lots fronting on Ashers Path or Route 28 , This regards the interior roads only where they have not been constructed according to_ specs.. It i.s a serious problem inasmuch 'as they' are not legitimate building lots and no building permits- should be issued. The purpose of the covenant is that no to is should b e transferred and any Attorney that would b e handling such a case --would not approve the transfer of those lots R M-r, Marsters stated - he- believed the owners were aware that they were bound to put in roads before tne-y could . transfers Clara Reliinui stated they were very much aware and the thing was iripres s ed upon- them that there could be no construction_ on any interior lots until such time as the roads were put in . : the cons truction of. E t not the sale of lots . Mr ., Marsters ag-ain reiterated, that when there is a road covenant placed on a subdivision, technically no Lots should 'be sold: Clara Keliinui speaks of the covenant again and stated they as owners knew nothing about it . Mr. Marsters told her that either their surveyor or one of themselves has the responsibility of taping that covenant. to the Barnstable Registry— and rec ording its The Planning Board does not have this responsibility. The Planning Board only makes the notation and then once the roads are constructed it is up to the developer -to come back in and get the covenant released. Russell Peters asks if the bank has requested some sort of time 1 imi t f or the roads to be done. 11r. Marsters explains that as long as no lots are sold, there is no time limit ; our problem is that lots have been tran s f eyed and in order to make these lots legitimate building lots we are going to have to require that the roads are constructed p rap ert ly. This action will be handled through Town Counsel. we only wanted to speak with you and find out when you contemplate doing the road work so that the people who have lots in here wi11 be protected It was further brought out by Clara Reliinui that they had never received a second letter from. Mr. Holmes will send her another copy outlining all of the things that have to be done and stated that there may be more work required now since that letter was sent out. Mr. Marsters asked when they thought the work would -be done and - to please let Planning Board know prior to the next meeting. He advised they look over the letter from Mr.. Holmes and give the Planning Board their best estimate of time and then we -shall take it up with Town Counsel . A very simple solution may be just stating that no building permits will be issued and we will wait the time period or we may give you a certain time limit and say no building permits will be issued. - Then at the end of the time limit , if the work it not done, we will again start rescision process .