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OLD BUSINESS <br /> Request for Release of Funds Held in Escrow, 33 Trinity Place,Cotuit Solar-Mr. Rowley <br /> confirmed that there was no new information to report. An email and photograph from Mr. Geyser <br /> were not in compliance with the plan, so Mr. Rowley communicated to him the necessary changes. <br /> The item will remain on the agenda. <br /> Determination of Adequate Access to Blue Castle Drive-Mr. Polloni, attorney for Ellen <br /> Brady and Henry Barr, stated that he was present to request the Planning Board confirm that adequate <br /> access to the properties existed due to the Special Permit approved for Ockway Highlands, which <br /> required maintenance of Blue Castle Road. Mr. Polloni had comments in response to Mr. Rowley's <br /> letter. Mr. Lehrer confirmed that Town Counsel provided correspondence regarding the matter and the <br /> Chair made photocopies to share with the Board. <br /> Mr. Rowley reported that, at the request of the Board, he had been in contact with Mr. Polloni to <br /> discuss the matter and research the issue further. Mr. Rowley referenced a 2009 plot plan with two lots <br /> and questioned the plan, related to the deed that referenced a 1957 conveyance. Mr. Rowley <br /> questioned the 130 foot back boundary and the frontage. A Tom Fudala email referenced two sections <br /> of the Bylaw, 174-3 and 174-12. Mr. Rowley stated that 174-3 dealt with the definition of a street and <br /> had nothing to do with Chapter 41, the street defined as a public way(Selectman, State or County <br /> layout), open to the general public or a public/private way approved by the Planning Board under <br /> Subdivision Control Statute or approved as adequate access by Planning Board. Blue Castle Drive had <br /> not been approved under Subdivision Control. Lots conveyed in the 1950's were prior to Subdivision <br /> Control Law. Mr. Rowley stated that the Special Permit issued for Ockway Highlands made no <br /> adequacy of Blue Castle Drive for access to lots other than what was approved in the Special Permit. <br /> It was Mr. Rowley's opinion that the lot did not comply with 174-3 for adequate access. Regarding <br /> 174-12, no building could be erected on a building other than a street, and that section of Blue Castle <br /> had not been completed to the full requirements of the Subdivision Regulations. Additional lots on <br /> Blue Castle existed beyond the Ockway Highlands lots. As with prior scenarios, Mr. Rowley had <br /> inquired of Mr. Polloni whether the property owners could contribute to the full upgrade of Blue <br /> Castle. <br /> Mr. Polloni referenced the last paragraph of the letter as a recommendation to meeting the Board and <br /> exploring options to compete the road, however, it seemed to be financially infeasible. Mr. Polloni <br /> wished to further discuss the question of adequate access, stating that 174-3 allowed the Planning <br /> Board to approve adequate access to 20 Blue Castle because the maintenance of Blue Castle was <br /> addressed in the Special Permit to Ockway Highlands. There was disagreement as to whether or not <br /> the Planning Board left it open to determine adequate access on Blue Castle. <br /> Chairman Waygan stated that more time was needed to discuss the matter further with Town Counsel, <br /> who had not yet addressed the issue as described by Mr. Rowley and Mr. Polloni's response regarding <br /> 174-3 and 174-12, but Town Counsel confirmed that the Planning Board would be the Board to <br /> consider the matter. Mr. Polloni requested that his first two letters be sent to Town Counsel for <br /> consideration, which were specific to his argument of using 174-3. Mr. Rowley stated that the <br /> Planning Board could not set conditions for construction outside of a Public Hearing and Subdivision <br /> process. Chairman Waygan confirmed that Mr. Polloni had requested a Determination of <br /> Accessibility, which could be considered outside of a Public Hearing. However, the scope of work <br /> 6 <br />