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T('01unf <br /> P. O. BOX 1108 <br /> MASHPEE, MA 02649 <br /> PLkNNING BOARD f;II TTES : 12/19/84 Page 7 <br /> or some entity in town next year. Mr. Devaney said they are willing t <br /> improve from James Circle to Pond Circle to standard on the rest of James <br /> Circle . <br /> Mr. Dubin said to use for subdivision purposed it had to be in a-,cordance <br /> with subdivision control law. A+t , Lessner asked how much they had to <br /> do to bring it up to standard . P,71r. Dubin said all , to present subdivi-cion <br /> standards , he 's talking about Janes Circle until the part that was released <br /> by covenant . He said he. spoke to the T ovm Counsel and was told the Board <br /> is on solid ground , if they approve the plan on a substandard they will <br /> be worsening the situation, He said the road has to be brought up to <br /> standard with a new covenant or outstanding covenant or they can't use <br /> the roads for approval not required . <br /> Mr . Marsters said he considers this a subdivision plan and it 's not an <br /> approval not required until they find the covenant . And if it 's a sub- <br /> division <br /> ub- <br /> division they have to complete the roads . <br /> Mr. Jonas said he didn't like the entrance lots and the buffer should have <br /> been carried across , Mr, Ma s ers said lots 1 and 5 should be eliminated <br /> as it 's safety hazard and 14s . Stone agreed <br /> Mr. Dubin said as it 's submitted they would have to reject it as it make <br /> no reference to an old or new covenant . He would have to turn it down <br /> unless they can come -'$.-.o an agreement , Mr . Ma rs t e rs said changes have to <br /> be made and he doesn't see how they can vote on it tonight . He sti11 <br /> maintained it was a. subdivie sion and he can't see any basis for an ANR since <br /> the pian they are referring back to wasn 't a subdivision as it didnPIt have <br /> a covenant . He said the plan does not conform to the requirements to say <br /> this before them is an approval not required plan. fir. Dubin said he thinks <br /> e have to assume there was a covenant but it 's not stated on the plan. <br /> If they agree to build up the road to standards he sees no problem. -- - <br /> P,'-r. Devaney discussed it and said he would go along with it ,, Mr . Devaney <br /> said he would dedicate the buffer zone in accordance with the statute and <br /> Mr. Marsters said they can be forced to make a. choice . Mr. Dubin said <br /> they have no engineering plans yet and they will need them . <br /> Ms . Stone rade a motion to approve the plan as an approval not required <br /> if the plan shows no access on Rte . 151, noting lots 1 & 5 be unbuildable <br /> lots , bringing James Circle up to existing subdivision standards and they <br /> include a. covenant on the plan. Mr. Jonas seconded the motion and Mr. <br /> Jonas , Mr. Dubin and Ms . Stone voted in favor. Mr. Marsters voted against ,. <br /> They revised the plan to extend the buffer zone and make lots 1 5 non- <br /> buildable and they filled out a covenant form. The owner was not a.va'l.able <br /> to sin the covenant as requred and they said they will send it to hire b <br /> i <br /> L <br />