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MAS 'PEE PLANNING BOARD MEETING MINUTES <br /> WEDNESDA"Y , JANUARY 4, 1995 <br /> EXECUTIVE SESSION <br /> Present: Tony Ferragamo, Pat Coffey, Tana Watt, DennisBalzarini , Tom <br /> Fudal'a, Charlie Rowley , lave Daneski <br /> [discussion of Merganser woods subdivision . <br /> Mr. Daneski explained the applicant was before the Board tonight to attempt <br /> to establish builda ility rights for Merganser 'woods subdivision for the <br /> purpose of establishing amount of damages for the Water District taking for <br /> this property. <br /> Procedurally , in the land court litigation, Town Counsel feels the land <br /> court made a mistake and should have entered a jludgemeht for the Board <br /> because they found for the Board on 2 points . <br /> The Beard has to consider whether this plant satisfies the concerns it had <br /> about the dead end , access issue. Prom a planning perspective the issue is <br /> whether these crossovers are sufficient to address the access issue of the <br /> dead end street regulation it is aimed at . <br /> Pat said he finds it bizarre that the Board cannot look at safety or impact <br /> issues off site . As a Planning Board member , he wants to look at the <br /> impact. <br /> Mr. Daneski said they cannot look at it because the Town 's regulations <br /> don ' t specifically include that , other than by reference of the subdivision <br /> control lawn The Board may want to amend their regulations to specifically <br /> account for traffic impacts outside the boundary of the area proposed to be <br /> subdivided. <br /> Pat said the Board ' s concern about the Childs River Fast leg of the access , <br /> is an off site traffic safety issue , can be looked at but they can ' t look <br /> at what happens on the other side of the cul de sac , or there after? <br /> M''r. Daneski said you can consider what is going to happen re; traffic that <br /> has to come in through the Childs River East to get here. A concern in the <br /> initial decision is the impact this subdivision would have on vehicles in <br /> Childs River East to access those lot - that 's what your are not permitted <br /> to do. He suggests the Board does not focus on Childs river East, deal with <br /> this roadway system.. This discussion should be confined to the Mead end <br /> street issue and the safety concerns of that. <br /> Tony said if the Board denies this, the likelihood is they will take <br /> further legal action because there is a substantial amount of money <br /> involved . <br /> r. Daneski said he would say so. If the Board denies it, it will go back <br /> to the Land Court to enter a ,judgement, if it is in the Board ' s favor,, the <br /> applicant can then appeal to the .Appeals Court,. <br /> Tom asked if the Town ' s 800 foot regulation is on trial , as it seemed to <br /> have beer) during tonight 's discussion? <br /> Mr. Daneski said they can ' t challenge that issue. The issues are fixed by <br /> what was tried and that issue was not , they did not challenge it . <br /> Plat asked procedurally, for any vote, how important is the wording? <br /> 8 <br />