11/01/2006 PLANNING BOARD Minutes

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Idge. There are no benches . There is a sign on route 10 . Thomas Fuda-la - Spoke as an abutter, and a-sked if there is a recorded deed restriction on the open space to define the area to be protected. Attorney Schaeffer responded by stating that the restrictions being refrred to were placed upon the original developer from- whom the unit owners bought property. He stated that the open space restrictions were required to have been included in the master deed that created the condominium. He made reference to page - - of the Special Permit, section H, regarding the 4 . 2 acres of open space as shown on the si,t-e plans, to be permanently restricted.. ]r. Fudala made reference to a -separate recorded document, are open space restriction/conservation restriction on the open space that is approved by the State .vision of Conservation. Attorney Schaeffer argued that the Special Permit governs this ratter and states, "The open -space area shall be maintained and Dept in its natural state and that any further clearing within its boundaries shall be prohibited". He suggested the precious speaker was referring to something totally different . Mr. Fud l.a clarified he was making refetence to the statute within t-he bylaw from which the Special Permit is based, the conservation restriction on the open space. Attorney Schaeffer reiterated the re pon-sibilities and requirements had been placed upon the original developer of the Stratford Ponds project. There were conditions within the Special Permit that were r-equa.red to be included in the condominium documents, which have been done. The Chairman provided Mr. Fudala the opportunity to clearly state his concern, without interruption. Mt. Fudaia noted the master deed is not considered to e an open space, restriction. If such a restriction were on record, the Applicant would be unable to pursue this proposal . He stated there is no deed restriction recorded with regard to -a conservation restriction that would 12