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Public Hearings <br /> Applicant: Greenbrier Development Co./Atty. Michael Ford <br /> Location: Between "Turner Road" and "Milford Road" and <br /> bordered by land owned by the Falmouth Rod and <br /> Gun Club and Dominga Andrade. <br /> Request: Continuation of Public hearing to review the <br /> Definitive Plan for a 75--lot subdivision filed <br /> -'- on November 7, 1988. Continued by written <br /> request of applicant' s attorney. <br /> Mike Ford was present representing Greenbrier Development <br /> Co. He presented the Board with the additional items they <br /> :Y had requested: A. a revised traffic study B. a revised <br /> environmental impact report from Arlene Wilson C. a <br /> revision to the plan to include park areas, as the Board <br /> suggested. <br /> =_. Mike Ford said the revised environmental study showed 5.5 <br /> parts per million and the mitigation suggested is having <br /> no lawns which brings it down to 3 .5. The revised plans <br /> showed 5 lots which would become park areas. The plans <br /> F eliminated small roadways and made a continuous roadway, and <br /> removed a cul de sac, <br /> 'Y Com Electric has signed the agreement for the planned <br /> ,.r <br /> y easement which will be presented to the Board (was being <br /> faxed to Mike Ford's office) . <br /> x: Mike Ford researched the issue of Milford Road and found no <br /> i . <br /> ` record rights ' but the applicant will maintain the road and <br /> p improve it to be used by vehicle (not up to standard of <br /> •:E <br /> subdivision road) if the Board finds it necessary. <br /> YzS <br /> t1. Mr. Ford then presented the issue of the Childs River East <br /> :;JYq subdivision which was raised at the last hearing. The <br /> question presented then was "have proper rights of the roads <br /> been reserved by owners of the fee in roads in the Childs <br /> fjN <br /> ''_ River East subdivision?" This raised two additional issues: <br /> A. do owners (Paderborn) have the right to give Greenbriar <br /> the right to use roadway/easement. Mike Ford stated that in <br /> his examination of the open space documentation, these rights <br /> y�F <br /> r`A4 were specifically reserved and sufficient rights have been <br /> reserved,. <br /> B. assuming that there are sufficient rights of way, by <br /> ` title, for the owners to grant rights of way the next <br /> s question comes from a zoning standpoint. Were the easement <br /> $g areas authorized to be used as a roadway system by <br /> adjourning subdivision without retning to necessary <br /> Boards . Mike Ford said he reviewed the Planning Board <br /> records, the Appeals Board records and the Town Clerk's <br /> records and he consulted with Barter and Nye (engine.-rs of <br /> u Paderborn development) he found: the Special Permit contains <br /> no restriction on those areas (open space) . In the <br /> engineering notes it specifically said proposed easement <br /> through open space, he found nothing in Planning Board <br /> covenant/approval which would require them to go back to the <br />