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16 Great Neck RoadNorth <br />wlashyee, -Massachusetts oz649 <br />MOTOIN: <br />Ms. Waygan made a motion to withdraw without prejudice the definitive subdivision. <br />Seconded by Mr. Balzarini. All in favor. <br />NEW BUSINESS <br />Request for release of covenant dated October 31, 2007 for property addressed as 30 <br />Evergreen Circle signed by Stephen Giatrelis and recorded in Barnstable County <br />Registry of Deeds Book 22461 Page 293. <br />Ms. Faulkner commented the definitive subdivision was approved and never developed, but <br />had a performance guarantee in 2007. The second subdivision plan was approved, and the <br />Planning Board released covenant. They released the covenant on the original subdivision that <br />was never executed. <br />Mr. Lehrer stated the original approval was on what is now Evergreen Circle, the covenant was <br />released on the complete subdivision. The prior approval was secured by a covenant and <br />numerous properties have been conveyed, but this one property is seeking to be conveyed. <br />Money is being held in escrow as a result from lack of release. The legal representative of the <br />property owner has asked to release the covenant, a general release of all lots. <br />MOTION: <br />Mr. Richardson made a motion to release any and all lots bound dated October 31, 2007 <br />for 30 Evergreen Circle in Book 22461 Page 293. Seconded by Mr. Balzarini. All in favor. <br />Consideration of special permit and definitive plan modification applications submitted <br />by Ockway Highlands, LLC to determine if the scope of the applications is de minimus <br />in nature and can be acted upon without a public hearing and other requirements <br />prescribed in Massachusetts General Law Chapter 40A and 41. If the Board finds that <br />the application constitutes a modification that is not minor in nature, the Board will vote <br />to set a public hearing date. <br />Ms. Waygan commented this neighborhood is so engaged and the Board should absolutely <br />notify them. These abutters have been engaged since day one. <br />Ms. Faulkner inquired about this being a de minimus modification. She asked how importance <br />would be defined. <br />Mr. Lehrer clarified that zoning grants discretion, but there could be potential impact to <br />abutters. In an effort to see if it meets criteria, Ch. 174-24c9b reads that any proposed change <br />in accommodation with previous modifications, such as increases to sq.ft. by more than 5%, <br />3 <br />