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The Planning Board took a break at 8:24 p.m. and reconvened at 8:28 p.m. <br /> 8:15 p.m. Ockway Highlands Subdivision <br /> Discussion and possible action to modify or revoke approval-Subdivision <br /> (Continued from 9/27) <br /> The appointed time having arrived, the Chair opened the Public Hearing for the Ockway Highlands <br /> Subdivision and she read for the record the Public Hearing Notice. The Chair referenced <br /> correspondence received from resident Ernest Virgilio and inquired whether the Board could allow <br /> him to speak first. The Chair acknowledged that correspondence was also received from the project <br /> proponent, Jacques Morin, who indicated that he would not be attending tonight's meeting, The Chair <br /> explained that, due to incidences that had occurred in the field, the Board was considering a <br /> modification or revocation of the approval for the Subdivision and/or Special Permit. <br /> Mr. Virgilio, 7 Blue Castle Drive, was recognized to speak Mr. Virgilio stated that he was in <br /> agreement with Mr. Rowley's letter and recommendations. Mr. Virgilio stated that, following the road <br /> construction, he had experienced serious water problems, adding that the system installed was not <br /> working in the manner that it should. Mr. Virgilio thanked and expressed his appreciation to the <br /> Planning Board and Mr. Rowley for their efforts to address the issues, <br /> The Chair recognized Mr. Rowley and Mr. Lehrer because they had spoken with Town Counsel Pat <br /> Costello to determine the appropriate language to amend the Special Permit and Subdivision approval. <br /> Mr. Lehrer reported that Mr. Costello confirmed that adequate notice had been provided to the abutters <br /> and that written notification had also been provided to the developer, Mr. Morin of Bayberry Building, <br /> returned undeliverable. Mr. Costello saw no issues with the way in which Mr. Morin was notified. <br /> Mr. Lehrer had followed up by phone call to ensure that Mr. Morin was aware of the hearings. Mr. <br /> Costello confirmed that the Planning Board, based on last week's and tonight's deliberations, could <br /> consider modifications or additional conditions to the Subdivision Approval and Special Permit, Mr. <br /> Costello recommended to allow continued comment, close the Public Hearing, deliberate and then <br /> provide text of the modifications or conditions, to act upon at a future meeting. <br /> Mr, Rowley clarified with Mr. Costello that the issues included two types of work to be completed, as <br /> well as two separate approvals, the Subdivision Approval and the Special Permit. Mr. Rowley stated <br /> that the Subdivision Approval would allow the Board to identify what the developer could do to <br /> address the drainage or complete the drainage and pavement on Blue Castle Drive near Great Neck <br /> Road South. The second area of work was located on Carriage Drive, as a connector, and created less <br /> impact to the neighborhood compared to Blue Castle. Mr. Rowley referenced Mr. Morin's letter which <br /> expressed his intent to complete drainage by the end of the month. Mr. Rowley stated that the drainage <br /> system at Blue Castle had been essentially completed but, the area surrounding the drainage, the <br /> paving of Blue Castle and the installation of the berm along Great Neck Road South were not <br /> completed, creating a critical issue. If the work was not completed, there was no guarantee that the <br /> infiltration system in front of Mr. Virgilio's house would properly function. It was Mr. Rowley's <br /> opinion that any modification should require that those issues be addressed within a certain amount of <br /> time. Mr. Rowley stated that development was under a Covenant, meaning that lots could not be <br /> released for development until the roads were completed to the satisfaction of the Board. In Mr. <br /> Morin's email, he anticipated bonding the topcoat to ensure the completion since it did not make sense <br /> 7 <br />