10/03/2018 PLANNING BOARD Minutes

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the Chair referenced Mashpee Subdivision Regulations and Chapter 41 of Massachusetts General Law which allowed the Planning Board to amend the Subdivision to include time constraints. Mr. Lehrer added that the law did allow for the revocation but that it was not the intent of the Board. Public comment was opened and the Chair asked for a motion to roll over all comments from the prior Public Hearing. MOTION: Mr. Balzarini made a motion to take all comments and information received during the Public Hearing on the Subdivision, to be rolled into this portion of the Public Hearing. Mr. Kooharian seconded the motion. All voted unanimously. Rick Walden, Gia Lane, questioned allowing the developer more time to complete the work, suggesting that the site looked like a bomb had exploded. Mr. Walden walked through the area daily, and noted that the developer did not care about the conditions in the area. Mr. Walden expressed concern about the retention ponds and the contractors who were moving piles of dirt from place to place. Mr. Walden expressed concern about waiting until the spring to address the issues at Carriage Lane. Mr. Rowley responded that approved Subdivisions and Special Permits allowed developers time to complete their projects, and with current zoning, totaled 8 years. Mr. Rowley stated that they were attempting to encourage Mr. Morin to complete the first portion on Blue Castle adding that Carriage Lane would need to be addressed before he could begin developing the homes. Additionally, Mr. Rowley stated that, the drainage areas needed to be fixed and was not intended to be retention ponds. Chairman Waygan referenced the email received from Mr. Morin who indicated that he wished to meet with the Planning Board in early November, but the Planning Board would be moving forward with their plans. In addition, another email providing an update of the status of the project did not adequately address concerns raised by Mr. Rowley, The Chair also stated that correspondence had been received from the Law Office of John Pollini, representing Ellen Brady, in reference to establishing a Homeowners Association. The Chair inquired whether a timeline needed to be established to create the Homeowners Association, which was referenced in the Special Permit. Mr. Balzarini felt that it would be difficult to establish an Association without the new homes being built. Mr. Lehrer stated that there remained the question for the homeowners on Blue Castle Drive whether the roadway was sufficiently adequate to build on their properties, regardless of whether they joined an Association. The Chair provided Mr. Betts with a copy of Section 34 to share with his attorney, Bob Betts, 56 Summer Sea Road and 20 Blue Castle Drive, indicated that the neighbors had been addressing the condition of the road for years, stating that he would be willing to contribute to maintaining the road with the other Blue Castle owners. The Chair stated that there was some mechanism for the road to be maintained within the Special Permit, Mr. Lehrer stated that the property owners had a right to improve the road to provide adequate access as approved by the Board. Building Commissioner Mike Mendoza would determine whether or not the roadway provided adequate access to a public way, which was Great Neck Road South. Mr. Betts expressed his preference to work with someone other than the developer and Mr. Lehrer agreed that he had options to work on other means to address the issue, due to the substantial cost to improve the roadway. Mr. Rowley stated that there were certain requirements to be met in Section A. The developer was responsible for establishing the Association as the primary owner. Mr. Betts was seeking a solution but the Planning Board could not provide the solution, other than communication with the developer. Mr. Rowley stated that the 9