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MASHPEE PLANNING BOARD MEETING MINUTES <br /> WEDNESDAY, AUGUST 3, 1994 <br /> EXECUTIVE SESSION <br /> Tony notified the public present the Board was now going into <br /> executive session to discuss litigation involving the Planning <br /> Board . The meeting will reconvene following this executive <br /> session discussion. <br /> Dennis made a motion to go into executive session. Pat <br /> seconded the motion. Tony was in favor, Tana was in <br /> favor, Pat was in favor and Dennis was in favor® <br /> The Board received a letter form Dave Deniski , Koppleman and <br /> Paige (Town Counsel ) . They are filing with the appeal 's court <br /> clerk the petition from the Planning Board re: Merganser suit. <br /> There is a filing fee of $160.00 to file. The petition asks that <br /> the judge vacate its order of remand and enter a judgement in <br /> favor of the defendant® <br /> This filing does what the Planning Board discussed and asked Town <br /> Counsel to do at their last meeting , to appeal the Merganser <br /> decision. <br /> MacDonald suit. <br /> The applicant (MacDonald) has listed their pr6blems/objections <br /> with the Planning Board's decision . The judge has suggested the <br /> two parties try to come together and work out the issues instead <br /> of taking it to trial ® <br /> Tom stated most of the issues are not significant® The last one <br /> is the major issue. They want the town to build the road and put <br /> in water to the development® That will not happen . Town <br /> Counsel has said the fact that they don't have water has nothing <br /> to do with the subdivision approval . <br /> Tony suggested the Board review this list and talk about it at <br /> greater length at the next meeting® <br /> Pat made a motion to close executive session. Tana <br /> seconded the motion . Tony was in favor, Dennis was in <br /> favor, Pat was in favor and Tana was in favor® <br /> 6 <br />