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16 Great Neck Road North <br />Jv4ashpee, .Massachusetts 02649 <br />MOTION <br />Mr. Balzarini made a motion to close the public hearing. His motion was seconded by Mike <br />Richardson and the motion carried unanimously. <br />Mr. Richardson made a motion to allow the applicant to withdraw its application without <br />prejudice. His motion was seconded by Mr. Balzarini and the motion carried unanimously. <br />Declaration of Default of the Ockway Highlands Tripartite Agreement dated March 20, 2019. <br />The Chair first laid out the ground rules for how she would prefer to manage this agenda item and <br />asked the Town Planner and Consulting Engineer to kick off the discussion. <br />The Town Planner reiterated to the Board the timeline over the past 6 months that resulted in the <br />appearance of Mr. Jacques Morin before the Board. Ockway Highlands was permitted prior to the <br />Planner beginning in 2018. In 2019 the applicant, Board, and applicant's lender entered into an <br />agreement to secure the completion of the subdivisions roadways and ancillary infrastructure: utilities, <br />drainage, etc. The planner reported that over the past year or so his office had received several <br />complaints. Some were related to traffic but mostly were related to the poor condition of the subdivision <br />and specifically the performance of the stormwater collection system. The Planner shared that he had <br />been on site multiple times throughout the year independently but also with Mr. Morin and the <br />consulting engineer. It was found during those visits that at the end of the improved portion of Blue <br />Castle Drive where only a binder coat is laid down in front of the new homes built in the subdivision that <br />the grading is such that stormwater flows not into, but around the drains and collects in front of 86 Blue <br />Castle Drive. The consulting engineer reported to the Planner and applicant at those visits that the <br />issue can be corrected when the top coat of asphalt is laid on the street. The Planner expressed a <br />concern regarding the amount of time that it may take to wait for the completion of home construction <br />within the subdivision. <br />The Planner relayed to the Board that when reviewing the Ockway Highlands Tripartite Agreement he <br />realized that the agreement was conditioned on completion of the subdivision by April 2022 and that <br />annual updates would be made to the Board by the applicant which is why the Planner invited Mr. <br />Morin to speak to the Board on February 1, 2023. Just prior to the February 1 meeting Mr. Morin <br />notified the Town Planner that a conflict arose and he would be unable to appear as requested and the <br />Planner suggested that a written update may be adequate. At the February 1, 2023 meeting the Board <br />wished to seek legal counsel's opinion on how to initiate enforcement of the tripartite agreement. After <br />receiving that opinion, Mr. Morin was notified of the Board's intent to declare default of the agreement in <br />writing tonight and that matter was placed on the agenda accordingly. <br />The Planner reported that the Consulting Engineer met with Mr. Morin onsite today who gave his report <br />to the Board. Ed noted he had a productive meeting with the applicant. The engineer reiterated the <br />issues as reported by the Town Planner but wanted to clarify that not all of the catch basins in the <br />subdivision are exhibiting the same issues as the two catch basins at the end of Blue Castle Drive <br />generally in front of numbers 76, 80, and 84 Blue Castle. Between 86 and 84 Blue Castle is where <br />4 <br />