10/16/1985 PLANNING BOARD Minutes

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C�aiutt of tzallpeE P. O. BOX 1108 MASHPEE. MA 02649 PLANNING BOARD MINU'rFES OCTOBER 16, 1985 PAGE 3 clear proof of ownership. Mr. McGrath told the Board that they have provided a Purchase & Sales Agreement. Papers are supposed to pass October 31. Public Hearing: Bayshore, Inc./New Seabury Corp. Red Brook Road west of Great Hay Road Definitive Plan of 12—lot subdivision Mr. Michael Dunning, representing Bayshore, Inc. and New Seabury Corp. Mr. Dunning mentioned the letter from the law firm of Garnick & Princi, addressed to Mr. Fudala, addressing the question of ownership. The zoning is R-2. The plan is for 12 lots. The Preliminary Plan was approved. It did show a different configuration than the Definitive. The Preliminary only showed 4 lots. Mr. Michael McGrath stated that the plan shows a new road called Wintergreen Road. Wintergreen Road will serve lots 2,3,11 and 12. He has submitted copies of the plan to the Board of Health showing septic system. Mr. Dubin asked if it is a legal requirement that a Definitive Plan has to mirror the Preliminary Plan. Mr. Dunning read 4OA, Section 6. He stated that he would be happy to submit a Definitive Plan that is similar or has the same format as the Preliminary Plan. Mr. Dubin stated that he would like to see such a plan. He doesn't like to see the frontage on Red. Brook Road. It was decided to continue the hearing until December 4 to give the applicant time to revise the plan. Mr. Dubin suggested to get the plan to the Board before the December 4th meeting so that Mr. Rowley has time to review it. Mr. Fudala asked if the Board of Health had any comments. Mr. Dubin stated that the only comment was that the MDC drains should be designated. Mr. Dubin asked Mr. Dunning to draft a letter of extention. Public Hearing: South Mashpee Highlands Trust Between Mashpee Neck and Simons Narrows Road. Definitive Plan approval of 94—lot subdivision For the purpose of this hearing, Mr. Jonas abstained. Mr. Theodore Shilling, representing South Mashpee Highlands Trust. There was a discussion on proof of ownership and the letter regarding; such from Mr. Reardon. Mr. Shilling has a letter of ownership. Mr. Dubin thinks the hearing should be continued so that any owner would have the opportunity to submit a certifying letter that they own the property. Mr. Shilling stated that he felt it has taken long enough for the Board to reach a decision. Mr. Dubin wanted to write to Mr. Reardon again and send 'him a copy of Mr. Shilling' s letter of ownership. There was a discussion on the engineering comments; Mr. Rowley said they have been complied with. The hearing was continued until November 6 in order to give time for others claiming ownership to submit certifying letter and to get down Counsel's approval. Mr. Dubin requested a letter of extention be written.