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- <br /> Mashpee Planning Board <br /> Wednesday, September 6, 1995 <br /> After an unanimous roll call vote, the Board entered executive <br /> session for the purpose of discussing strategies for potential <br /> litigation at 6: 59 p. m. <br /> Present: Chairman Anthony Ferragamo, Patrick Coffey, Dennis <br /> Balzarini, Martine Meijering. <br /> Also Present : Eric Smith, Assistant Town Planner; Charles Rowley, <br /> Consulting Engineer . <br /> Chairman Ferragamo said Mr . Fudala spoke with Town Counsel <br /> regarding her memo relative to the Sullivan plan. Town Counsel <br /> said she had no problem with the Board releasing the memo to the <br /> public, but the Board should decide what they want to do and the <br /> Board can go into executive session for that purpose. <br /> The Board read Town Counsel ' s memo. In the memo Town Counsel <br /> said the open space was a factor in issuing the special permit <br /> for the existing subdivision called Great Hay Acres and it was to <br /> be permanently reserved as open space. She said the deed <br /> restriction wasn' t recorded but 35 acres were conveyed and the <br /> lots would be in violation of the zoning bylaw of the cluster <br /> subdivision if Mr . Sullivan' s plan was approved as those cluster <br /> lots would become illegal and unbuildabIe without that open <br /> space. Town Counsel recommended denying the plan based on a lack <br /> of information. <br /> Chairman Ferragamo said the Board has to decide if it wants to <br /> release Town Counsel ' s memo. Mrs. Meijering said if Town Counsel <br /> doesn't have a problem with releasing it , then she has no <br /> problem. Chairman Ferragamo said he sees no harm in releasing <br /> it . <br /> The Board discussed the deadline date for a decision on the plan <br /> and determined it was October 2, and the Board' s last meeting <br /> prior to that would be September 20. <br /> Chairman Ferragamo said he' s concerned with a denial that gets <br /> too deep. He felt it should just be stated that the applicant <br /> hasn' t demonstrated anything that gives the Board the ability to <br /> subdivide open space that was part of a special permit cluster <br /> subdivision, and they shouldn' t bring in other issues at this <br /> time. Chairman Ferragamo said then if the court determines on <br /> the side of the applicant and the plan comes back before the <br /> Board, then the Board can get into the technical issues of the <br /> plan, such as access and length of the road. He said the Board <br /> should give the applicant most of the 90 days to demonstrate that <br />