09/20/1995 PLANNING BOARD Executive Session

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Executive Session The Board noted that they don' t have deeds to show if owners of the lots in the cluster subdivision have ownership to the open space. It was suggested that the Board consider requiring proof of the Book and Page number of any Special Permit recording in the future. Mr . Coffey said Town Counsel isn't saying to put everything into the motion, but just what she recommends. Mr . Fudala said he' s going back to what David Doniski told him to put in everything he can as it ' s all a basis for denial . Mr . Mitiokostas said the property abuts the Tribal Council property and if they cut a deal to cut through their property it would solve the issue of the BOO' cul-de-sac. Chairman Ferragamo said from what he's seen, Great Hay Road doesn' t appear to be adequate for emergency access. He said he hasn' t seen anything that addresses issues 2 and 3. Chairman Ferragamo said the time statute is starting to run out for a decision and doesn't know if the Board wants to give the applicant the opportunity to extend the public hearing. Mr . Mitiokostas said the Board should also have him do so in an non- suit and get an opinion from Land Court . Chairman Ferragamo said the Board deals with subdivision regulations Ind zoning bylaws and it doesn' t matter if the special permit was recorded or not . Mr . Fudala said he doesn' t know how the Board can approve the plan after the discussion of access of Great Hay Road when the applicant hasn' t asked for a waiver of that issue. Chairman Ferragamo said he will ask Mr . Sullivan if he has anything else he wants to present to the Board, and ask him if he wants to continue the hearing to address and satisfy issues 2 and 3 even though the Board has no basis to act on an approval based on issue U . He said the applicant has to request in writing an extension of time for the Board to file a decision. Mr . Coffey said the Board doesn' t have the right to approve the plan based on issue 41 , subdivision of open space, and the Board should just drop issues 2 and 3, the Great Hay Road access and setback issues. Mr . Fudala said with issue #2 the Board may have to get town officials - the Fire Chief, Police Chief and DPW - for an opinion on Great Hay Road. Mr . Fudala said only when it goes to court and it ' s not needed before the Board makes a decision. Mr . Fudala also said unless the Board puts the issues in its decision, it might not come back again for discussion. Chairman Ferragamo read from the Subdivision Rules and Regulations and said it states the Board is to state in detail where the plan doesn't conform to the rules and regulations and list specifics. He said based on the 2 letters from Town Counsel. and the Board' s discussions, he knows of no ability the Board has to approve this plan. Chairman Ferragamo said he agrees items 2