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MOTION: Dennis Bal arini made a Motion to continue the Public Nearing in <br /> this matter to June 18, 2008, at 7: o p.m.; which Motion was duly seconded by Tborna <br /> O"Hara and so voted unanimously. <br /> Performance Guarantee <br /> Arthur Pagani-Release ofRoad and F1 dii .Covenant <br /> The Town Planner explained that he had'suggested that Attorney Losordo attend <br /> the meeting as representative for the Applicant. <br /> Attorney Losordo had previously withdrawn changes made to the plans and <br /> would like to rely on a Note made by the Planning Board on January 16, 2008, approving <br /> release based upon two first floor elevations, -ft.-and o-ft. and based upon plans dated <br /> April 18, 2008. <br /> Based upon a review letter from Mr. Rowley ley dated May, 2008, he suggested that <br /> in the event the flooding covenant is released the Board do so with the full understanding <br /> that no determination is being made as to flooding impacts on the lots themselves which <br /> might occur as a result of future storm events and due to increased groundwater <br /> elevations, and that no determination is being made about sewage disposal. <br /> Mr. Rowley explained that the Board had addressed the issue of the elevations of <br /> those lots based upon data submitted to the Board with respect to�groundwater elevations <br /> and test pits that had been done locally. The storm event that had taken dace and.flooded <br /> the area out was an unusual event. He is trying to communicate through his later that the <br /> Planning Board is not stating that by raising these elevations up to those shown on the <br /> plan is a guarantee-to the Applicant that such an event will never happen again. And, <br /> secondly, that the planning Board is not making any determination with respect to septic <br /> systems or anything related to conservation issues/concerns. <br /> The Town planner suggested that language be inserted into the Certificate of <br /> Release reflecting Mr. I owley's statements. He also expressed concern for the <br /> appearance and implication to a buyer that-'by Planning Board release of the.flooding <br /> covenant that the Board is satisfied that the flooding issues have been solved (which they <br /> have not). <br /> The Chairman then recognized Attorney Losordo, representing the Applicant, <br /> who explained that after he had received Mr. F owle 's letter he drafted a covenant.which <br /> states in part that " . No determination has been made as to the flooding impacts on the <br /> lots themselves that might occur as a result of future storm events due to increased <br /> groundwater elevations'; and "'7. No determination has been made as to the adequacy or <br /> suitability of either of the combined lots for on-site sewer disposal which may be in the <br /> jurisdiction of the 1 lashpee Board of Health"'. <br /> The Chairman then entertained a motion on the request for covenant release. <br />