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SPECIAL PERMIT <br /> Applicant: Dr. Malcolm MacDonald <br /> Location: Back Road <br /> Request: Discussion of Back Read improvement in <br /> connection with the Special Permit. Reschedule <br /> to this date at applicant ' s written request <br /> through attorney on April 12 , 1990 . <br /> Attorney John Connely was present representing the <br /> applicant. <br /> Mr. Connely stated that he believes the water quality is-sues <br /> has been resolved. He has not yet read the revised program <br /> but assumes it accurately reflects what -has been agreed upon. <br /> Torn had the completed water quality monitoring program which <br /> he distributed to the Board. <br /> Mr. Connely stated that the issue of the road is remaining. <br /> He had a meeting with representatives of the Planning Board, <br /> Mr. McGrath and Mr. virgillio to deal with how to refurbish <br /> the road in an equitable fashion. It was decided at the <br /> meeting to do the work and pro rate the cost as a betterment <br /> over 20 gears . <br /> Mr. McGrath has suggested that Ernie should knew the numbers <br /> and will have to come up the the dollars per foot based on <br /> submitted plans . <br /> Mr. Connely stated that there still remains the legality of <br /> compelling Dr. MacDonald to do it and the equity of that. <br /> He sent Mr. Reardon a letter asking his opinion on the <br /> legality based on the land 'court phraseology -- does he agree <br /> that it becomes a town responsibility as opposed to land <br /> owner responsibility because it is labeled a public way. He <br /> has never heard back from him on that on that issue. <br /> He would like to have a response from Mr. Reardon. <br /> Mr . Connely explained that Dr. MacDonald is concerned that <br /> they cannot pass on cost to the 2 ANR lots to the south of <br /> the road. <br /> He also has a problem with the difference of opinions <br /> regarding land court opinion of public responsibility. <br /> Mr . Connely will continue to work on getting the cost of <br /> refurbishing the road and also would like a response from <br /> Mr. Reardon regarding ownership and control of Back, ro c-iid and <br /> who ought to bear the cast of its improvement . <br /> Pat stated that they have discussed waiving some standards . <br /> Louise stated that the question is whether this is adequate <br /> access for the subdivision. She would want justifications <br /> for waivers of the standards . <br /> Tam stated that to conclude the special permit process tl-:e <br /> condition does not have to specify who will pay, it can just <br /> say it must be brought up to safe and adequate access for <br /> the subdivision. <br /> 2 <br />