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The Town Planner took this opportunity to express support in <br /> �:- favor of reducing the minimum cluster size to five (5) acres, <br /> rather than the existing ten (10) acre requirement. Not only is <br /> , this property located within the Refuge, it also abuts State <br /> conservation land. <br /> There was some discussion regarding how best to proceed with <br /> lip this matter. The Applicant stated the purpose for his appearance <br /> this date was to receive input from the Board at the preliminary <br /> {+; <br /> stage prior to filing a Definitive <br /> g <br /> il <br /> k in <br /> N• The Chairman inquired as to flagging/cut t g <br /> on-site; to <br /> at the co <br /> which the Applicant stated the property is flagged rners <br /> and center line. The Chairman indicated the benefits of a site <br /> visit to further discussions in this matter. He suggested <br /> r scheduling this matter for December 17, 1997 for the purpose of <br /> a Definitive Plan• to which the Applicant was in <br /> filing <br /> ' agreement. <br /> ova Alf <br /> • 1 <br /> 14 <br /> #'0.. F f Attorney Karrine proceeded to file the Preliminary Plan with <br /> .,f�' 1^ 0 <br /> W. the Board, requesting a decision be made by December 17th. <br /> ' 4C Applicant filed three sets of Plans (one for the site visit and <br /> .� <br /> another for filing l in with the Board of Health) , as well as an <br /> f g <br /> application fee in the amount of $50 . 00 . (This matter concluded <br /> <<H 'f at 7 : 18 p.m. ) <br /> 1t,JW + > <br /> Release of covenant <br /> Curt Larson - wilann and Claul i se Road <br /> 4 �1 � <br /> The chairman recapped this matter to be an area previously <br />' '``` designated as a park location. Request for clarification of <br /> 4M.fir <br /> procedure was submitted to Town counsel : "You requested an <br /> opinion concerning the status of a parcel of land shown as park <br /> area on a subdivision plan. Parcel is not among lots listed in <br /> til the 185 request of the developer for Release of Subdivision lots <br /> ` that was referred to by the Planning Board' s Certificate of <br /> i Performance which incorporated the Release of Covenant as <br /> ' ■ Plan s approved <br /> provided by Ch.41-S1U. Although a Definitive a a pp <br /> �1 "� � ' • l "park land" on the parcel in question, the <br /> 40 <br /> contains the late p p approved Plan lacks the endorsement that the parcel may not be <br /> built upon fora period of three (3) years as required by both <br /> Old <br /> the last paragraph of 41-81 and Section 78 .of the 167 Subdivision <br /> ' �� ���' Regulations then in effect. The land in question is sufficient <br /> r�t fill p[ <br /> ; a,f,ZIP <br /> in area to meet the current lot area requirements of the R-5 <br /> zoning. No evidence of partial ownership to the park area by <br /> other lot owners. no tax assessments an art other than the <br /> + y party <br /> 40141,4 original developer. You have asked for the proper procedure for <br /> removal of the park area designation. This Plan Modification <br /> w pursuant to 41 81w and if so, what discretion the Board may have <br /> Ilk as to making the change. In my opinion, the original designation <br /> to parcel in question as "park area" was defective. So, this <br /> removal from the approved Plan does not require the formal <br /> } procedure set out in Section 81-W In alternative, if the <br /> p the alternat , <br /> --4- <br /> f • <br />•lyl#}Ii��.�r f <br /> �M <br /> k <br /> •+�1� r <br />