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01/07/1998 PLANNING BOARD Minutes
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01/07/1998 PLANNING BOARD Minutes
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Mashpee_Meeting Documents
Board
PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
01/07/1998
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n <br /> i <br /> At this point Attorney McLaughlin stated for the Record: ■! <br /> "When I came to that Meeting with win Davis to discuss this Plan, <br /> we came before the Board with the intention of discussing the <br /> open space situation as to why the Plan was denied. At that <br /> point I instructed Mr. Davis. . .before the Meeting, talked to � <br /> him g � <br /> �f i 1. . . t satisfies ies them, put a five �5} year restriction on <br /> those two (2) lots that they don' t like. I said if we get to a r <br /> paint where they don' t like that, we' ll eliminate one (1) lot and #�t <br /> call it quits. Cause that ' s what the Board wanted back then <br /> that ' s what (inaudible) wanted and that was his way to strike ' <br /> =F by saying there was no open space, which I was told by the Town �� F <br />_ - Planner himself, _' That' s the way -they operate. " So that was <br />{ - � � Y Y P <br /> my position to do that. we came before the Board. <br /> . .we were <br /> thrown a curve ball . . . "Hey, we don' t like this road out here, we , <br /> don' t like the curve, we want a no-drivewayeasement here across <br /> ' j <br /> , s <br /> the back of the lot, name the road, do this, that, and this. . .and <br /> we' ll tell the Town Clerk to sign that Plan. So we left and <br /> discussed it and I said, "we're not going to do that I mean put <br /> g g P i <br /> an easement across the back of the lots" . . . I mean, suppose this <br /> guy doe sn' t like that guy, what ' s going happen. I mean who; <br /> g g to ha pp s , <br /> liable for it . As we all know <br /> , easements come and go, I mean you ! <br /> can put an easement on the plan today and take it off tomorrow. y <br /> I mean, if somebody just agrees there' s a neighbor here and one ' r{ <br /> there and one there, they can do that. " !� <br /> i <br /> The Chairman responded, "Not if the don' t have a driveway <br /> ' r <br /> • is <br /> y � <br /> access to a major road which is a serious curve, which is a <br /> serious safety consideration. n He also determined Applicant and <br /> his Attorney appeared before a different Board, and that said <br /> different Board approved a different Plan, told the Town Clerk to <br /> sign it and then the original Plan resurfaced and was signed. I <br /> ro <br /> Attorney McLaughlin reiterated the issues under <br /> consideration to be: Is there a Covenant, and if so, where is <br /> it; and what is the effective date. <br /> The Chairman stated he has serious safety concerns as they <br /> relate to those lots coming out on that curve, on that road. <br /> Addressing n the Chairman' s ess g s concerns for safety issues, � <br /> Attorney McLaughlin asked what the Board would. Like to see done. <br /> The Chairman responded, as r ' <br /> p per the Z990 agreement. the ,i <br /> easement across those lots to have no driveway access on old <br /> Barnstable Road is the only thing to do for public safety and <br /> for the buyers. He stated this condition would make things <br /> resolvable in his mind. He further stated the Board' s largest � . <br /> concern to be public safety, road safety, and road standards. He <br /> pointed out this concern to be a sub-standard line of sight for <br /> anybody backing out of their driveway. . . "someone is going to get <br /> killed coming out of one of those lots" . He further stated he <br /> would not sign it. <br /> I";f r•s <br /> i i tiv�� i <br /> LS r 1 <br />'1 xis <br />`5Y 1 <br /> S �I <br /> .+�rl <br />
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