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o�1llt of Ctz�Ijee <br /> P. O. BOX 1108 <br /> MASHPEE, MA 02649 <br /> MASHPEE PLANNING BOARD MINUTES: September 26, 1985 <br /> MEMBERS PRESENT: Richard Dubin, Anthony Ferragamo, Michele Stone (8:25), <br /> Harold Collins, Richardson Jonas <br /> TOWN PLANNER: Tom Fudala <br /> CONSULTING ENGINE Charles L. Rowley <br /> TIME: 8:11 p.m. <br /> Mr. Dubin called the meeting to order at 8:11 p.m. <br /> Public Hearing: Desoto Trust/Paul O' Connell, III <br /> North of Red Brook Road between Great Hay Road and Great 'leek <br /> Road <br /> Definitive Plan of 5 lot subdivision <br /> Mr. William Nye stated that he thought legal counsel would be present. The <br /> preliminary plan was approved on March 16. Mr. Nye stated that re would get the <br /> information an the soil logs. A perk test was done. Mr. Dubin stated that t-Le <br /> future development could be a legal question. Open zoning questions is being <br /> litigated as to whether such a plan would freeze the zoning. Mr. Ferragamo <br /> asked Mr. O' Connell if he was going forward with this plan with the intention' <br /> of future development. Mr. O'Connell answered that he was. There was then a <br /> discussion on future subdivision affecting the drainage. Any variance from the <br /> plan submitted is not grandfathered. It was decided that this is a legal issue. <br /> Mr. Nye said that he would revise the drainage plan to deal with the issue of <br /> possible puddling. Mr. Rowley would like to see side line grades on bota sides <br /> of Red Brook Road to find out what happens to the water. Mr. Nye stated that they <br /> will take out leaching trenches. Mr. Dubin said that the plan meets general <br /> requirements and asked if there were any public comments. Mr. Leroy Messam wanted <br /> to make sure his property is being protected and wanted to know how this plan <br /> would affect his property. Mr. Nye stated that there would be a new property <br /> line behind Mr. Messam' s •LLid future subdivision could come at a later date. <br /> Mr. Dubin assured Mr. Nissan that iT a new plan is created, Mr. Messam would <br /> be properly notified. Mr. _115'udala stated that town counsel, Joseph Reardon, <br /> wanted a certification from an attorney that the applicant is the proper owner. <br /> Discussion ensured as to percentage of ownership, where there is no claim of <br /> exclusive ownership. It was decided that there would be an opinion from Mr. <br /> Reardon. Mr. O' Connell requested a copy of Mr. Reardon' s letter be sent to him. <br /> Hearing continued until next meeting, October 2, 1985. <br />