05/19/2004 PLANNING BOARD Minutes

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covenant antil such time as Applicant could resolve the flooding problem which would be satisfactory to the Board, as well as to the- Consulting Engineer no building permits would be issued. The. Majority of lots in the area have been taken by the Town for taxes, having been abandoned by the Developer and the Bank. There remain approximately three lots privately owned along Hollow Road. Applicant would like to purchase said lots, which are held subject to the covenant within the flood area. Non-agenda Item Land Trade - South Cape Village The Town Planner expressed his support of a land trade involving the Tala ian property, -Star, and the State The proposal is for -Sta-r to deed -acres to the State Department of Conservation/Recreation., -r . Talanian will deed the majority of the Drew property to -Star with a restriction for substation use only. The Cape Cod Commission has expressed some concerns with the proposal . -Star is requesting some. type of security to guarantee substation use . The Town Planner suggested a Planning Board Special Permit approving the concept of said use with a stipulation that Site Plan review approval by the Board is required. There is strong support of the concept as expressed ;b the Wildlife i ef'uge, Town Administrator, and Town Planner. (References were being made to the land locations . ) The Chairman recognized Don Megathlin who informed the Board of an opinion received from the Cape Cod Coinmis-sion whereby they indicated the land transfer be completed prior to approval of their application. 4 This concept creates leasing difficulties with one of the major ten-ants in terms of completion. There is some speculation of legal issues to be addressed by the Planning Board for Special Permit modification (whether or not included as pant ,of the D I, major minor modification.) . ll