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MASHPEE PLANNING BOARD MEETING MINUTES <br /> WEDNESDAY, DECEMBER 7 , 1994 <br /> EXECUTIVE SESSION <br /> Present: Tony Ferragamo, Tana Watt, Dennis Balzarini , Pat <br /> Coffey, Richard Martini , Spyro Mitrokostas, Tom Fudala, Eloise <br /> Graveno, Charlie Rowley <br /> ** Pat made a motion to go into executive session to discuss <br /> pending litigation . Tana seconded the motion. Tony was <br /> in favor, Richard was in favor, Dennis was in favor, Pat <br /> was in favor, Tana was in favor. <br /> Merganser Woods subdivision. <br /> Tom explained the court has remanded it to the Planning Board to <br /> discuss the double barreled entrance access proposal . The <br /> applicant brought it before the Board last summer. They will <br /> formally present that proposal to the Board on December 21st. <br /> Town Counsel will be present. They want the Board to take a <br /> formal vote - will the Board approve the double barrelled access <br /> and approve the subdivision. <br /> The judge has said the Board cannot base their decision on the <br /> safety issues from the other subdivision (Childs River) . <br /> Tony read the letter from Attorney Daneski . The judge found in <br /> favor of the Board on the issue of whether the subdivision <br /> contains a dead end street in excess of 800 feet. Instead of <br /> entering a judgement in favor of the Board , they remanded to the <br /> Board to consider an alternative roadway. The proposed revised <br /> plan contains an access road with a median strip with crossover <br /> lanes and additional safeguards against access difficulties <br /> created by dead end streets. <br /> Attorney Daneski noted that the Planning Board decision still has <br /> an important bearing on the rights of Merganser Trust, in light <br /> of the fact the Water District will be purchasing that property. <br /> If they can establish that the subdivision plan should have been <br /> approved it will effect the amount of damages paid. <br /> He will be present on December 21st to discuss any questions or <br /> concerns with the Board before meeting with the applicant. <br /> The Board just scheduled the Willowbend public hearing for <br /> December 21st at 7 :00 p.m. <br /> It does not seem the judge has given any deadline. <br /> Tana will not be available on December 21st. <br /> The Board decided the best thing to do is try to reschedule with <br /> Attorney Daneski and Merganser representatives for January 4th. <br /> Tom will talk to Town Counsel about rescheduling. <br /> Great Hay Acres. The Board received a response from Attorney <br /> Elizabeth Lane to Tom's request for further input regarding the <br /> open space and special permit. <br /> 1 . When does the two year period commence within which the <br /> 10 <br />