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16 Great Neck Road North <br />-Mashpee, _%lassachusetts 02649 <br />would like the Engineer to evaluate the condition of those basins along with Mr. Morin. Additionally, <br />Dennis would like to see an evaluation and inspection of all the catch basins in the subdivision. <br />Mr. Morin agreed to look at these issues in totality but would prefer to remain within the bounds of the <br />immediate recommendations to address the drainage issue in front of Lots 9 and 10. He noted an <br />intention to bring forth a request to modify the definitive subdivision plan to eliminate the sidewalks at <br />the request of the neighborhood. The scope of which he didn't wish to address during this meeting but <br />wanted to notify the Board because there will be continued opportunity to engage with him through that <br />process to ensure inspections of the basins. Mr. Morin stated an intention or desire to pave the entire <br />length of Blue Castle Drive and would like to see where that might go and that it might be appropriate to <br />revisit with the Board on May 17tn <br />The Consulting Engineer asked if the request to eliminate the sidewalks would constitute a minor <br />modification. The Chair responded that it could be however, given the potential impact to abutting <br />property owners and their interest in the subject, she feels strongly that a fully advertised public hearing <br />would be more appropriate. Mr. Balzarini called a point of order noting that the Board, upon submission <br />of an application, needs to review the applicable facts and vote to determine whether or not a <br />modification is de minimus and does not require a public hearing. <br />Vice -chair Faulkner looked at the tripartite agreement and she noted the condition in that agreement <br />that stated construction should have been completed by April 1, 2022. She asked if Mr. Morin had ever <br />received an extension or sought an extension. Mr. Morin noted that COVID was the reason for the <br />delays and that he was of the opinion that the tolling provisions of Governor Baker's Executive Order <br />pertaining to the COVID-19 Public Health Emergency applied and that the agreement was extended an <br />additional 462 days or until July 7, 2023. <br />The Town Planner reported that he had sought a legal opinion from Town Counsel relative to Mr. <br />Morin's assertion that the tolling provisions applied. Counsel's opinion was that the Board could clearly <br />proceed to enforce the terms of the Tripartite Agreement as a breach of a contractual <br />commitment based upon the developer's failure to provide construction updates to the Board. However, <br />counsel opined with respect to the developer's failure to complete infrastructure work by April 1, 2022, <br />that if said completion date was a condition of the Planning Board's subdivision approval then the <br />developer could make a compelling argument that said completion date is subject to the tolling <br />provisions of the Governor's COVID-19 Emergency Order No. 17 and Chapter 53 of the Acts of 2020. If <br />the performance of this work was not stated as a condition of approval, the Board could assert that this <br />failure is, likewise, a breach of a contractual obligation. <br />Vice -Chair Faulkner noted that July 2023 was right around the corner and that definite rules need to be <br />established. All were in agreement that appropriate loam and seed of the shoulders must occur within <br />60 days. What was still under discussion was whether the applicant should be required the entire <br />portion of Blue Castle Drive from Lots 1-10 or if 180 lineal feet only in front of Lots 9 and 10. Vice -chair <br />Faulkner felt strongly that the applicant should be required to pave the entire section required by the <br />subdivision plan. <br />2 <br />