03/06/2019 PLANNING BOARD Minutes

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MOTION: Mr. Balzarini made a motion to authorize the Board to sign the letter of recommendation for the application. Mr. Cummings seconded the motion. All voted unanimously. The letter was signed by members of the Board. Consideration & Possible Action to Accept Performance Bond for Remaining Roadway Construction to be Completed at Ockway Highlands for Lot Releases-Mr. Lehrer reported that he had anticipated Mr. Morin's attendance at tonight's meeting, but had instead emailed that he was still working on the tri-party agreement. The Chair asked that Mr. Lehrer draft an email to Mr. Morin notifying him that the Planning Board was awaiting documentation to satisfy Town Counsel's comments. Request for Release of Funds Held in Escrow,33 Trinity Place,Cotuit Solar-Mr. Rowley confirmed that he had not received a response. The Chair requested that Mr. Lehrer document that the Board was still awaiting information, as requested by Mr. Rowley. Determination of Adequate Access to Blue Castle Drive-Mr. Lehrer reported Town Counsel's comments that adequate access could be determined through the ANR process. The Board would then need to determine whether the existing roadway could support vehicular traffic, because the definition of the street should not impact the Board's endorsement since it would be a zoning issue. Mr. Lehrer had already informed Attorney Polloni of Town Counsel's comments and anticipated receiving an ANR application from the project proponent. NEW BUSINESS Charles Rowley Billing,February 2019-An invoice in the amount of$390 was received from Charles Rowley for February services. MOTION: Mr. Balzarini made a motion to approve payment of$390 to Charles Rowley for services for the month of February. Mr. Cummings seconded the motion. All voted unanimously. Request for Release of Funds held in Escrow for Landscaping at Windchime Condominiums-There was discussion regarding whether Mr. Cummings needed to recuse himself. Mr. Cummings felt it was unnecessary since he would not personality benefit monetarily. Mr. Lehrer stated that because Windchime, where Mr. Cummings lived, was under common ownership and the security being held, all homeowners benefitted from the matter. Mr. Balzarini and Mr. Cummings saw no conflict of interest. The Chair stated that no decision would be made tonight, but that a course of action would be considered. The Chair stated that a January 29, 2019 letter had been received and covenant stating that, upon completion of landscaping, the developer shall provide notice to the Planning Board for inspection. The Chair stated that Windchime must submit a Notice of Completion to the Planning Board. Mr. Lehrer stated that there was a lack of certainty regarding work that remained for the plan. Minutes following acceptance of the Plan in 2005, indicated that the plan was not completed within a specific amount of time.