05/06/2009 PLANNING BOARD Minutes

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He then asked if the Applicant woWd be willing to tie the abutters into their sewer treatment plant if the abutters took the-initiative-to have the limes installed to their property, noting the tremendous expense the Applicant-is being asked to incur. He suggested this matter should have been one of negotiation with the Applicant if the abutters feel so strongly. Ms. Culcasi Mated she was told, "Ioreen, if you agree to that, you can have anything on the list that you have in your possession that we sent to everybody...every point on that". The Chairman reiterated that this is the first the Planning Board has heard with regard to this issue of concern from the abutters. Ms. Culcasi informed the Board that this negotiation agreement did not invol e the Town, that is was a negotiation between the abutters and the Applicant. Dennis Bal .arini further noted that the previous speaker did.not voice an dbjection at the last Planning Board Meeting and that during said meeting it.had been agreed that Applicant would increase the buffer at her property. The Chairman commented that the expense involved would be prohibitive for the Applicant, reiterating that this is the very first he has beard this matter raised at a Planning Board Meeting. Ms. Culcasi clarified that this agreement does not exist in writing, but that there is verbal agreement between the Applicant and the abutters and that at the last hour Applicant is not going to follow through. Ms. Culcasl then raised the issue of construction phasing; making reference to lever from the Applicant dated February 14, 2009. Applicant has indicated construction of Building A, 1 , and C on the plan; however Applicant will not-include this in writing within the contract_ She asked for Planning Board consideration of this matter. Terri McDonald—Argued that this is not the first time that the Planning Board has beard about the sewer issue, the abutters asking the Applicant to run a sewer line down Cranberry Ridge load. The Town Planner made reference to a letter cited earlier in the meeting which contains a statement, the last.item on a list; which,re ds "connect the abutters to willobend wastewater treatment plant". There is no mention of a severer line on Cranberry Ridge Road which would serve people who are-not abutters.to the project. The Town Planner clarified that the Planning Board hasmo jurisdiction over sewer issues although they do have the ability to require mitigation for certain issues. The question would be whether or not.this is a relevant mitigation to offset impacts. He made reference to the precedent of the Cotuit Bay Condominium tie into the willowbend