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He will return on April 6th at 7 : 30 p.m. <br /> The Board now has 90 days to file with the town clerk. <br /> Tom explained the applicant will need a deed restriction prepared for the k <br /> e <br /> d open space if it is going to TTOR for the Board to review. <br /> RELEASE OF COVENANT <br /> Applicant: Attny. Dranetz <br /> Location: Winslow Farms <br /> Request: Release of covenant on five lots <br /> a Attorney Dranetz was present on behalf of the owner, Ellen Rolenstein. <br /> He explained she owns five lots in Winslow Farms and the covenant has not 7 <br /> been released - lots 1 , 99 , 100, 26 and 27 . Mr. Dranetz explained how she <br /> came to own the lots, she now has a deed but it cannot be recorded with out <br /> the covenant being released. <br /> Of the 5 lots, 3 are on a County road/public way. <br /> He has a 1953 plan which shows it as County Road, it now shown as Old <br /> Ashument Road. <br /> Tom asked if he has a road layout? , <br /> He said he does not, he couldn ' t find it in his research . <br /> If it is a public way, the owner could not and should not have to pave the <br /> road. The covenant was not released because there was another level of <br /> pavement needed for the entire subdivision. Only 18 lots have not been <br /> released . No one will every pay to repave all of these road . The last <br /> estimate from the engineer was an estimated $140,000 cost. <br /> Mr. Dranetz said his client has a hardship, she cannot get this all done. <br /> They are willing to put money in escrow account to pay her portion of the <br /> road paving. <br /> Tom said there is another level of problem, everyone living there has roads <br /> that are unfinished. This Board has no leverage to get the town to take <br /> the roads and better the lots . That seems the only way to get it done but <br /> someone has to organize the effort. I` <br /> Tony said there is no security on the subdivision, how can we release the <br /> covenant on those lots? <br /> it Mr. Dranetz said his client will post security for her lot. She relied on <br /> the letter of credit posted as security, that is would be good. She is in a <br /> hardship position . The town, by releasing 72 of the lots has reduced the <br /> remaining lots available to share in the cost of finishing the road. Two of <br /> her lots are on a county road. It was approved by the Planning Board and <br /> checked by the consulting engineer. <br /> OR Tony said a representation was made by a licensed land surveyor. The Board <br /> does not check the status of that representation. By approving the plan <br /> did not mean we were creating the layout for a public way . What is the <br /> basis the Board has to release the covenant? <br /> he Attorney Dranetz said hardship, it is a public way and therefore not up to <br /> his client to pave it, his client will provide security for her lots, there <br /> is no one left, no developer , to do the work. <br /> Tony explained hardship is not a basis for releasing the covenant. Posting <br /> of security for the effected lots is not viable. There is no evidence that <br /> 7 <br /> i <br />