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The extension of the road layout will serve one home and runs into a wetland <br /> area, and that Applicant intends to request that the Planning Board waive the building of <br /> the road into the property. <br /> The Town Planner advised that Applicant would be required to undergo a Public <br /> Hearing under Subdivision Control regarding road design; he also suggested that <br /> Applicant discuss the matter with Mr. Rowley with regard to road construction design <br /> and requirements. <br /> The Planning Board will rely on comments submitted by the Fire Chief and the <br /> Consulting Engineer with regard to adequate access. The Zoning Bylaw requires that a <br /> building must be constructed on a street, aTown road,a subdivision street previously <br /> approved by the Planning Board,or a street that the Planning Board has determined has <br /> sufficient grades to serve as primary access to the building. <br /> Release of Performance Guarantee <br /> Bayswater Development LLC-Flat Pond Subdivision <br /> Release of 1993 Covenant Agreement <br /> The Chairman called this matter to order and recognized Daniel Buckley, <br /> representing the Applicant. <br /> Mr. Buckley explained that Mr. Burden had enacted a covenant for the <br /> subdivision at Flat Pond recorded at Land Court on June 1, 1995. Subsequently,a <br /> portion of the land that was part of said subdivision was sold to the state; the remainder <br /> of the land was never developed. <br /> The original subdivision is currently being replaced by a 27-Lot Subdivision <br /> which is covered under separate Performance Guarantee. Request was made for the <br /> Board to release the Burden covenants as they appear in the Land Court records for <br /> clarity purposes. <br /> The Town Planner made reference to the Flat Pond,Subdivision being held for <br /> $64,000.00 insurance bond for the completion of the roads. Ile explained that this matter <br /> simply refers to the paperwork,that monies have been secured,to which Mr. Rowley has <br /> agreed. <br /> There being no further Board or Staff discussion the Chairman entertained a <br /> motion. <br /> MOTION: Dennis Balzarini made a Motion to release the Covenant dated <br /> September 22, 1993 relative to Flat Pond Subdivision; which Motion was duly seconded <br /> by Thomas O'Hara and so voted unanimously. <br />