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s �oiutt ofM��j�E� <br /> P. O. BOX 1108 <br /> 1,Qg Ca MASHPEE. MA 02649 <br /> PLANNING BOARD MINUTES OCTOBEft 16, 1985 PAGE 4 <br /> Public Hearing: Henry C. Labute/Lovell Realty Trust <br /> North side of Quashnet (William Mingo) Road at Great Hay, <br /> Grafton Pocknet, Bog House Roads and Ashers Path <br /> Definitive Plan approval of 48-lot "Steeplechase" cluster <br /> subdivision <br /> For the purpose of this hearing, Mr. Dubin abstained and Mr. Jonas took the chair. <br /> Mr. Bruce Gilmore referred to October 2 letter of Mr. Reardon regarding paving of <br /> William Mingo Road. If the Board determines that paving is needed, they will pave <br /> it. After much discussion, it was decided that Mr. Rowley and Mr. Gilmore would <br /> come to an agreement, subject to the Selectmen's and Town Counsel's approval, in <br /> writing, and bring the agreement back to the Board. <br /> Public Hearing: DeSoto Trust/Paul O'Connell, III <br /> North side of Red Brook Road between Great Hay Road and Great <br /> Neck Road <br /> Definitive Plan approval of 5-lot subdivision of 44.57 acres <br /> Mr. Gerald Garnick, representing Paul O' Connell, stated that it is their belief <br /> that the time for the Board to act is past. They want a signature tonight. Mr. <br /> Dubin asked about the agreement to enlarge the time. Mr. Garnick stated that he <br /> was not aware of any agreement. Mr. Dubin stated that at the last meeting, they <br /> had an agreement with Mr. O'Connell to extend until Mr. Reardon had a chance to <br /> look at it. Mr. Garnick stated that the hearing was supposed to be on the agenda <br /> for October 2, but was not. Mr. Ferragamo pointed out the fact that Mr. O' Connell <br /> was not at the October 2 meeting,. Mr. Dubin met Mr. O' Connell at the Registry of <br /> Deeds and said the hearing was put on for October 16 and Mr. O' Connell agreed, but, <br /> according to Mr. Garnick, was unaware of any time period for the plan to be approved. <br /> There was never any agreement to have the time enlarged for the Board to act or <br /> not to act. Ms. Stone referred to the minutes of October 2 stating that the hear- <br /> ing was postponed until October 16. Mr. Garnick stated that Mr. O' Connell is not <br /> denying that the meeting was extended but that the time to act on the plan was not <br /> extended. Mr. Dubin said that he would check with Mr. Reardon on what happens <br /> when an extention is oral. Mr. Dubin stated that at the last meeting Mr. O'Connell <br /> was at, the Board almost disapproved the plan but held off because Mr. Ot-Connell <br /> thought it would be to his benefit if the Board first sought an opinion to find <br /> out if the arguments being presented were correct. He wasn't prepared to argue <br /> that night because he didn't have counsel. It was decided to discuss the merits <br /> of the plan, as long as Mr. Garnick could reserve his rights. There was a dis- <br /> cussion on ownership. Mr. Garnick stated that Mr. O' Connell is an owner of the <br /> property, along with other people, both known and unknown. Mr. Reardon's letter <br /> stated that written notice should be given to others claiming an interest. Mr. <br /> Garnick did not agree. Mr. Garnick wants to go over the minutes of the Planning <br /> Board meetings with Mr. O'Connell. Mr. Garnick asked that because he has been <br /> given information he was unaware of, he would like to review the minutes to see <br />