11/19/1997 PLANNING BOARD Minutes

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park use restriction had been effective, by law, it could have been in effect for no more than three (3) years, and so expired ;. once the three (3) year period expired as provided in both the Subdivision control Law and Boardis Regs. Failure to have included the limiting endorsement as to length of time that is rewired by the Subdivision control Law and the Boards own Regulations could not have resulted in a permanent restriction on use. For that reason, in my opinion, Modifying Procedures t: Section 81W is not required to nullify the effect of park area" notation. If desired, put some document on Record with the Registry of Deeds in order to avoid any confusion should be r sufficient. Further opinion for the Board to vote that there is no restriction on the use of the parcel shown on the approved recorded Plan as "park area" and, for a certified copy of that 's vote to be recorded in the chain of title as to the land within the Subdivision. May, in your discretion, give notice of the i. Meeting at which this issue will be taken up to owners of lands within the Subdivision. Since they may have questions, it may be simpler to address at the Meeting at which the vote takes place, ; than at a later date. In light of the possibility of confusion that may result in the park area notation, I recommend that the Board cause its Certified vote to be recorded as described t above. " Signed-Elizabeth Lane. The Chairman restated a request for Release of covenant on ,. one (1) Lot. It is the opinion of Town counsel that formal procedure is not required in order to void the park area listing. The chairman recognized Mr. Craig Larson who requested a formal Release of Covenant, which would enable him to apply for A a Building Permit. He stated to the Board the possibility of a future request for formal Public Hearing in this matter in order `, to delineate the words "park area', from the Plan. + The Town Planner informed the Board of his wish to step down from comment on this matter, as he is a resident of the neighborhood under discussion. . .y The Consulting Engineer stated he had "no comment. " The Chairman entertained a motion for Release of Covenant be made in this matter. MOTION: Dennis Balzarini made a Motion to approve the request for Release of Covenant in this matter; which Motion was seconded by John Kuchinski and so voted unanimously. - Release of Covenant was thereupon signed by Board Members and Notarized by the Board Secretary. (This matter concluded at 7•28 m f f p. . }