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k <br /> - AF <br /> Planner suggested he offer the land to the -Conservation <br /> �onservatlon � <br /> commission who would vote to accept it and then forward +`'� t t o he t Lr he 'F�,. <br /> Selectmen for approval . <br /> 1j <br /> Mr, Sullivan stated his request to legalize the to <br /> as possible.ibl e. He agreed g lots a s soon <br /> p e g to accommodate the Town in any way <br /> regarding the issue of open space. <br /> r: <br /> The Town Planner pointed out that the Special Permit had - <br /> never been recorded. <br /> r <br /> Mr. Sullivan <br /> explained that at the time he had loaned money <br /> on this property, he was unaware of the conditions as he h <br /> relied solelyon the P1 � had <br /> an and the Registry of Deeds. He was 5 <br /> unaware that twenty (20) acres could not be used for .an thin <br /> y g <br /> He made reference to the thirty-five (3 5) lots, stating he could <br /> { <br /> ermit d <br /> not obtain building ��:• <br /> g permits. It was noted that the roads have <br /> been built. •� ►' , <br /> i <br /> The Chairman asked if roads are or are not considered to b e <br /> constructive use of a Permit. And, due to the fact the Permit <br /> F, <br /> was never recorded, does it exist. <br /> The Town Planner responded that the paving or roads as they <br /> relate to a cluster subdivision, is all that should ever bew <br /> built. If anything vests the Permit, the roads do in <br /> terms of <br /> constructive use of the Permit. He suggested Mr. Sullivan record <br /> the Permit in order to satisfythe Building g Inspector, Banks, and <br /> so forth. <br /> ,fr <br /> Mr. Sullivan stated he is in need of the Permit for a°F <br /> recording purposes, and the Town requires a deed from him. <br /> The Town Planner advised Mr. Sullivan to go through the <br /> agreement process prior to presenting the Town with a deed. He 'y <br /> suggested the Town may not want all of the land. f <br /> f F!1 <br /> Reference was being made to Plan entitled, Great Hay Acre <br /> Subdivision Plan of Land located in Ma shpee, MA, prepared for _ :r► <br /> p <br /> Clipper Realty Trust, dated March 13, 1987, Cape & Island <br /> Surveyors, Inc. „ <br /> VIA <br /> � F <br /> 9' <br /> There was some discussion regarding the whereabouts of the <br /> original. Special Permit and the conditions on which the Registry <br /> would acept it f or recording. SF,�lk <br /> The Town Planner also questioned whether there is an <br /> original signed Easement for the gated emergency access to the <br /> subdivision` y <br /> through South cape Resorts.. The Town Planner noted " '`` '• <br /> the Easement is described as a Finding within the Special Permit. �� pa•; <br /> Mr. Sullivan stated he would research the Registry <br /> g y of Deeds <br /> for information on the Easement. A copy of the Decision with '° <br /> --9- ' <br /> f <br />