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�I E <br /> = � H� '� L Town of Mashpee <br /> T 0 =' <br /> ' Planning Board <br /> T0�::�H Minute f Meeting s o eet ng <br /> 99 MAR 9 Ph 2: 28 <br /> Executive Session <br /> January 6, 1999 <br /> i <br /> The Town of Mashpee Planning Board entered into Executive ` <br /> Session at 9 : 18 p.m, on Wednesday, January 6, 1999 . The Vice <br /> Chairman, John Kuchinski, presided. <br /> i" <br /> C°es. <br /> r.v The Vice Chairman entertained a motion to enter into <br /> Executive Session for the purpose of discussing an issue of <br /> litigation involving the Planning Board. <br /> g g g <br /> MoTIoN: Dennis Ba.lzarini made a Motion to enter into <br /> Executive Session for the purpose of discussion regarding a <br /> litigation involving the Mashpee Planning Board; which Motion was <br /> s~� seconded b Chance Reichel and so voted <br /> Yunanimously. <br /> ,4 The Town Planner explained that a case has been f ll ed in the , <br /> Land Court seeking to overturn a portion of the Planning Board' s , <br /> Decision, which was made in 1973 regarding the Sandlewood '1 <br /> Subdivision. <br /> 7 <br /> The Town Planner continued to explain that said subdivision <br /> y is surrounded by a fifty (5 o f t. foot open space buffer area.) <br /> It appears that the developer of New Seabury has neglected to <br /> T provide an easement to one of the lots through no fault of the i <br /> Planning Board <br /> i�wti <br /> At this point, references were being made a plan rovided b F <br /> Y g P P Y <br /> `:01 the Town Planner, He explained that the lot in question was to <br /> have obtained access b way of a driveway easement rather than ` <br /> Y Y Y <br /> from Great Neck Road or Timber Landing Road as indicated on the <br /> plan. Due to the fact New Seabury has never recorded such an <br /> easement, the owner of the lot has no access to his property. <br /> r- <br /> Attorney Robert Mills, representing New Seabury, has <br /> notified. the Planning Department/Board in writing ` <br /> { g suggesting <br /> T and A ` <br /> consideration of filing an objection Appearance in this <br /> <rFa matter as it pertains to the Planning Board Decision. <br /> The Town Planner informed the Board that he has forwarded <br /> ` .... all information in this matter to Town Counsel, who is i,n <br /> agreement with Attorney Mills, suggestion, The Executive <br /> ay; Secretary has approved authorization for Town Counsel to file an <br /> Appearance on behalf of the Town. !� <br /> r:33yy In essence, the Town will state its objection of the Land ; <br /> q. Court overriding the Planning Board Decision as it pertains to <br /> the Petition to eliminate the buffer area on the owner' s lot. <br /> �t. <br /> MoTIoN: There being no further discussion of this matter, �� <br />