Laserfiche WebLink
Performance Guarantee <br /> Arthur Pagani-149 and 21 Noisy Hole Road <br /> Release of Road and Flood Covenants <br /> The chairman called this matter to order and requested <br /> a report from the Town Planner. <br /> The Town Planner stated he had researched the Covenant <br /> Release and found that the document i "not quite right" . <br /> The Town Planner informed the Board that the area <br /> under discussion has had flooding issues of concern since <br /> 1987 soon after the first portion of the subdivision was <br /> developed. In response to said concerns the Planning Board <br /> and the developer agreed to record a covenant that states <br /> that until such time as the Planning Board is satisfied <br /> that the flooding issue has been resolved, these series of <br /> lots would not be considered to be buildable lots. <br /> There: is also an issue as to whether o-r not the road <br /> covenants have been- released. There is a Release of <br /> Covenant Agreement document, identified as Exhibit "B" <br /> within the packet information provided by Attorney Losordo. <br /> copy of said document apparently having been recorded i <br /> 1997, with a signature and recording date of May 1986. The <br /> second page attachment, dated 1987, Which is a listing of <br /> all the lots within the subdivision and appears to have <br /> been part of the deed, is not the second page o-f the <br /> document approved by the Planning Board in 1986, Which is a <br /> list of a much more limited number of lots . <br /> The Town Planner stated, "If you look at the two <br /> covenants, they are absolutely identical, except that <br /> somebody has removed the recording numbers on this thing <br /> and recorded it again in 1997 with a different second page. <br /> So, somebody has done something fishy as far as that goes . " <br /> With regard to the road covenant on said lots, there <br /> is a separate covenant release for Dots 80 and 81, as well <br /> as Lot 24 which is the front piece, having been approved in <br /> 1986. Those lots with frontage on Hollow Road (a dirt <br /> road) however, have not been released. <br /> The Town Pla-nner feels this matter of concern i <br /> disturbing. The main issue is the flooding covenant: with <br /> a separate issue of owner of record. According to <br /> Assessors' records all of these lots conti-nue to be listed <br /> 1 <br />