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MASHPEi PLANNING BOARD MEETING MINUTES <br /> WEDNESDAY . SEPTEMBER 7 , 1994 <br /> EXECUTIVE SESSION <br /> Present : Tony Ferragamc , Tana Wazt , Pat Coffey , Dennis Ba; zarini , Richard <br /> Martini , Town Counsel Dave Danesk i , Clowe (Ir(zaUe-00 <br /> Tony stated the 2 principal concerns are the water supply and roaaway <br /> access , which are the two strongest reasons a Board has to deny a <br /> subdivision . The Board had reachec a reasonable agreement with each one of <br /> those issues . <br /> The question from one court becomes does the Board have the authority vo <br /> make water and roadway improvements a va7io condition? <br /> Dave Dareski said the water issue is clearer than the road . The concern is <br /> if the road repairs are going to benefit more than just this subdivision <br /> than the Board has exceed their authority . The water mandate comes from the <br /> Board of Health . <br /> Tony said the applicant ' s only issue is they don ' t want to cay for it . if <br /> they have a ainpure with the government tWr trey nave a burden of pursuing <br /> the Department of Defense . The 7owi has no obligation zo bail them cut. <br /> The mandate to orovide water is from the Boara o" Health , it is not <br /> arbitrary ann capricious . <br /> Tony sa7d why even Yscuss the onner Qojnts? <br /> Dave said it is up to one Board . He thought We Board wanted to 7st it go <br /> as long as they could An Lre opportunity for a campground . <br /> Tony said the Board ' s tendency is to let it sin . The down side is we are <br /> protecting his - 1 ions but it costs money to actively pursue Kz in court . <br /> There are plenty of other pieces of , and for campgrounds no take place in <br /> town , it is not an advantage to this Town to have Dr . McDonald build a <br /> campground , <br /> Tom has conversations with applicants all the time but he was not elected <br /> to make these aecisions . <br /> Pat asked Dave Daneski what the odds are , in court'? <br /> He said the water , road and culvert are issues for lit-igation . Tne <br /> Planning Board has the authority too impose the other conditions . <br /> How much improvement to Back Road can be required? There will be some <br /> sympathy from the court on that issue . He does not see all the cordi0ons <br /> being relieved and the biggest is the water . <br /> Pat asked if the judge will impose his Judgement over the Board ' s'' <br /> Dave said he won ' T substitute his judgement over the boards . A decision <br /> has to be shown to be arbitrary and capricious . The Board was fc7l owl ng a <br /> mandate from toe Board of Health . Toe problem with the water can oe <br /> documented and toe Planning Board would be unreasonable to allow wells . <br /> Tony said if he wants to take action wit`? the Town or the Federal <br /> government for ruining the road then ne takes issue wit� them. it is not <br /> for the Bcaro no cevide 44c ruined the road . Does the subdivision have <br /> access is the Board ' s role . <br /> Dave said that is not a lock so ! 7d position , There will ne sympathy from <br /> the court. That is the most legitimate issue he has , <br />