09/20/1995 PLANNING BOARD Executive Session

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MASHPEE PLANNING BOARD Wednesday, September 20, 1995 EXECUTIVE SESSION MINUTES ............. After ia roll :all vote, the members went into executive Ses,55ilnn at 7- 12 p. m. Present were Chairman Ferragamo, Mr . C'.:_-.ffey, Mr . Balzarini , Ms. Mei.jering, and Mr . Mitiokostas. Also present were F. Thomas rudala, Eric Smith and Jr-4-in Kuchinsky. Chiairman Ferragamo said nothing has changed -since September 11-th when they received Town Counsel is let-ter in response to Mr . Sullivan' s written input to the Board. In the letter Town Counsel sayf,.-, Mr . Sullivan' s response, that he had no knowledge his property was open space, didn' t point to anything in the statutes, bylaws or court cases. Chairman Ferragamc, said based on that there doesn't seem to be a mechanism for the Board to zkppr ove a subdivision of open space. He said the key is5ue is whcn knew what and when and that ' s to be investigated, but it has nothing to do with the Board. Mr . Mitiokostas said it would be for the court to decide. Chairman Ferragamca said if the Board feels they still can' t approve the plan, he will ask Town Counsel for the language for a mot ion of denial . He said he spoke with Mr. Rowley and Mr . Rowley suggested the Board reference cites in its decision. Mr . Fudala said he' s prepared a proposed motion which gives cites, and also mentions the length of the dead end road and access onto Great Hay Rd. Mr . Mitiokostas said they are now talking technical issues. Mr . Fudala said this may be the Board' s only chance to review all those technical issues. He said once it comes back from court the Board may not be able to address those issues. Mr. Fudala recommended the Board put every issue in the basis of the denial . Mr . Coffey thought Town 17'r--iunsel wanted the denial brief and wondered about adding the language regarding technical issues. Mr . Fudala said Town 17,-tunsel ' s rerc-mmended motion was brief because she wasn' t told of other issues at the time. He felt if it goes to court and fc r some- reason the applicant WinS on the SUbdivi,_;iion issue, the Bo,-.ad rineds. the technical issues to fall back on. Mr . FUdala said once the Board denies the plan they can' t get another rracl•r at mentioning the technical issues or add those, issues later . Chairman Ferragamo said lots 5, .1.3 and 14 are in the grey area -:4 the zc,ning bylaw. He said it appears -the plan would be a division of open space that was approved as the basis of the CIUSter subdivision. C'hairman Ferragamo said he knows of no statute that allows that. He said the Bc-ard doesn' t know of any mechaniFim available to the Board to approve this plan and Town Cpiunsel didn ' t feel there was any either . Chairman Ferragamo said Mr . Sullivan hasn' t ben able to show it . He felt at this:� point the Board can put everythiing together .