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02/05/1997 PLANNING BOARD Minutes
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02/05/1997 PLANNING BOARD Minutes
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Mashpee_Meeting Documents
Board
PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
02/05/1997
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y <br /> I I. <br /> I w <br /> 1 <br /> confirmed the site Plan had been reviewed and a meeting with <br /> ten (10) of the unit owners present had discussed additional <br /> revisions, and would enter into a formal agreement, which had <br /> been drafted, including 24-25 issues of concern to the <br /> condominium unit owners. „ <br /> Attorney Butler stated he was disappointed to report that <br /> word was received la st Saturday of the unit owners unilateral <br /> decision to cease dialogue with the Applicant and were not <br /> prepared to enter into the agreement that had been agreed upon in `.A` <br /> c.r <br /> i <br /> principle. <br /> t= Attorney Butler proposed informing the Board of their , <br /> position in the Modification of the Site Plan and to provide <br /> specific information on issues of concern from the Board. He ' <br /> r r <br /> then introduced Terry Eldredge, the Engineer for the project; � � <br /> Todd Chapman and Keith Dolby, of F.R. Mahoney & Associates, <br /> Consultants for the wastewater treatment facility and for <br /> the wastewater Discharge Permit which has preliminary approval. ('P1 <br /> 4� <br /> Attorney Butler emphasized the following point- "We had � <br /> reached an good in agreement faith with the unit owners to <br /> g g try A <br /> to address their concerns. I am going to outline to you tonight 1 <br /> what the Developer, if he is granted the Modification of Special . <br /> Permit and were he to close, has agreed to do and will do, and we <br /> would be happy to make these conditions of the Modification of <br /> Special Permit, because we think not only are they good for the <br /> project as a condominium Association, but we think they are of <br /> e` benefit to the various resources and areas that you seek to , <br /> protect under your Special Permit powers. " <br /> Attorney Butler distributed a number of handouts, all of <br /> which are submitted herewith as part of the official record. , <br /> At this point of the Hearing, the Chairman expressed concern +` <br /> for the issue of unit owner involvement. <br /> Attorney Butler stated the unit owners have a right to be `r`'F' <br /> - y ! g <br /> present at Hearings, as their role is greater than those of an <br /> abutter, as they are art of the entity being affected. <br /> P y g <br /> Representations were made at the first Public Hearing in this <br /> s matter concerning the position of the unit owners, vis-a-vis the 'w <br /> _ Legality of this project. He made reference to a copy of a <br /> letter from Fannie Mae, for the Record, a letter from Duane <br /> Cooper,, Manager of Projects and Operations in Philadelphia, PA, <br /> dated December 31, 1996, clarifying that he is granting consent <br /> on behalf of Fannie Mae, that there are no objections to the <br /> phasing rights being extended for an additional five year period <br /> (as requested) . The letter further states that the proposed <br /> amendment to the condominium documents submitted by Attorney '� <br /> Butler) would not disqualify units from sale under Fannie Mae. <br /> The Master Deed for this condominium, as approved by the Special. <br /> r Permit, Section 25K is explicit in saying there is a seven year � <br /> e ! be exercised, except that <br /> period within which phasing rights may e e cep t , <br /> those rights may be extended if Fannie Mae or any successor � <br /> s:y it <br /> 4. <br /> agency therefor grants its consent to a period longer than said <br /> seven years to add additional phases to this condominium. The <br /> rights, easements and privileges reserved in this declaration <br /> under Section 25 and elsewhere in this Master Deed shall be <br /> _7_ <br />
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