10/04/1995 PLANNING BOARD Executive Session

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� � , Mashpee Planning Board Wednesday, October 4, 1995 EXECUTIVE SESSION MINUTES After a roll call vote, the Planning Board went into Executive Session at 8:29 p. m. Present: Chairman Anthony Ferragamo, Patrick Coffey, Spyro Mitiokostas, Dennis Balzarini , Martine Meijering. Also present : F. Thomas Fudala, Town Planner; Eric Smith, Assistant Town Planner; John Kuchinsky, Associate Member. Chairman Ferragamo stated he' s not sure the Board can deny subdividing open space. He asked if the Board would be issuing the applicant the right to build the roads. He felt once the applicant builds the roads that ' s when he destroys the open space. Mr. Mitiokostas stated it ' s not open space because there's no special permit . Chairman Ferragamo said Town Counsel has stated there's no statutory period to file a special permit . Mr . Fudala said the special permit applied to all the land, including the open space and all successor owners are under that special permit . Chairman Ferragamo said he' s not sure there' s any bylaw or statute prohibiting the subdivision of open space. He felt the Board should be clear on why it 's not endorsing the plan. Mr . Mitiokostas said the Board knows the plan was recorded that created open space. Mr . Fudala said what started this was when the water district wanted Mr . Sullivan' s land and Mr . Sullivan told them if they help him get the Planning Board to endorse the plan for 3 lots, he will give the water district that land they want . Mr . Mitiokostas said why doesn' t the Board say it will assist Mr . Sullivan in recording the special permit . Mr . Coffey said the bylaw says the special permit must be recorded in 6 months or it ' s rescinded. Chairman Ferragamo said he' s not sure the Board has that ability to rescind it and he still doesn' t see a basis to approve Mr . Sullivan' s plan. Mr . Coffey said lack of information is not in the state law as a basis to deny a definitive plan as quoted by Town Counsel , as that ' s not enough. Mr . Mitiokostas suggested asking Mr. Sullivan to withdraw the plan. Chairman Ferragamo said the Board should ask Town Counsel if approving the subdivision of open space gives the applicant the right to construct a roadway on that open space. He said it doesn't say the Board can' t approve a subdivision on open space, but once the applicant goes to get a permit for building the roads, then he's in trouble as he can' t construct the roads or build houses on open space. Mr . Fudala said Mr . Sullivan was well aware the water district was taking the land because he communicated with them.