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'tp��y of MggyAFF <br />av <br />iwc in+u <br />F <br />J <br />fC (II E� <br />��rdMuw MF5 <br />16 Great Neck RoadNorth <br />wlashyee, -Massachusetts oz649 <br />Mr. Lehrer commented the language in the permit is clear, in his opinion, it would not be <br />appropriate to defer that obligation to the association when maintenance has not been met <br />annually. Based on the permit language, if the HOA is established, it is their obligation to <br />maintain, but it shouldn't be required that they assume now with the condition it is under <br />currently. <br />Mr. Lehrer continued that this HOA has many residents resistant to participating as a result of <br />this ongoing issue. This matter relative to HOA and obligations is outside his area of expertise. <br />There is going to be an issue if the HOA refuses to participate but the obligation of Mr. Morin's <br />technically ends. Our number one focus is to get that condition of Blue Castle Drive consistent <br />with details in the plan so the developer and neighborhood can enter conversations on how <br />best to proceed from here. <br />Ms. Waygan stated if there was a request to modify then we could ask if they finished certain <br />items. Mr. Morin wrote a letter declaring his completion, do we have the authority to say no and <br />it would trigger other requirements? The Tripartite Agreement is active, according to Mr. Lehrer <br />that is still a form of security. <br />Mr. Lehrer clarified that maintenance is not secured in cash, obligations of the developer and <br />requirements to meet under the subdivision's approval have been met. There is one exception <br />and that is the sidewalk. The neighborhood is protesting the sidewalk. <br />Ms. Waygan noted Mr. Morin has to maintain the road until the sidewalk is complete, or the <br />decision is modified. That's it. It's not complete, there is a lingering condition! If they want to <br />remove the sidewalk he has to request and formally apply for a special permit modification. <br />Ms. Faulkner stated if it is not complete next year he will have to continue maintenance. <br />Mr. Pesce noted there are a number of things we make sure of when we maintain properly. <br />The interim solution will be to report back to the Board the status of everything in 60 days. The <br />removal of the sidewalk is a separate modification application. <br />Mr. Lehrer would like an opinion relative on current condition. Does the Board find that the <br />current condition of Blue Castle Drive meets maintenance requirements of this Special Permit? <br />He would love to relay to the neighborhood what was decided. <br />Ms. Waygan would rather have the Board Engineer respond to that question, if he feels that <br />work is done, then we can accept his report. <br />E:j <br />