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IV <br /> MASHPEE PLANNING BOARD MEETING MINUTES <br /> JULY 20 , 1994 <br /> TOWN HALL <br /> EXECUTIVE SESSION <br /> Discussion of Land Court decision in Merganser case . <br /> Tony notified the public present the Board was now going to go <br /> into executive session to discuss litigation against the Planning <br /> Board . The meeting will reconvene following this executive <br /> session discussion . <br /> ** Dennis made a motion to go into Executive Session . Tana <br /> seconded the motion . Tony was in favor, Richard was in <br /> favor, Pat was in favor , Tana was in favor and Dennis was <br /> in favor. <br /> Tom Fudala, Town Planner and Charles Rowley , Consulting Engineer <br /> were also present. <br /> Tom explained the decision to the Board . The Board won on some <br /> points and lost on some points . It is Town Counsel ' s opinion <br /> that if you win 1 point you win the case . <br /> The judge however is remanding it to the Planning Board to review <br /> the double barrelled access road into the subdivision . That plan <br /> was never officially before the Board . <br /> Town Counsel said there is recent case law that says the judge is <br /> wrong . If you win 1 point you win the case and it does not get <br /> remanded to the Board . The Board should appeal this decision . <br /> If the Planning Board wins this case then Merganser has to comply <br /> to current zoning . <br /> Tom briefly reviewed the subdivision for the new members . It is <br /> in the middle of nowhere, south of Old Barnstable Road . They <br /> proposed to run an access road through Childs River East , extend <br /> it 1 , 800 feet to their subdivision . They also propose to use <br /> Turner Road as alternative access to the property . Falmouth says <br /> Tuner Road is blocked off in 2 places , it is not adequate <br /> alternative access. <br /> The developer came to the Board during the court case with a 2 <br /> lane road , as alternate access. He got that proposal before the <br /> judge and it muddled the case . <br /> The Board ' s second option ( instead of appealing) is to accept the <br /> courts ruling and look at the double barrelled road to see if it <br /> satisfies fire and safety requirements and then approve or <br /> disapprove the subdivision, It would then go back to the land <br /> court judge . The judge may then agree or disagree with that <br /> decision . The Board could then appeal that decision , if <br /> necessary . <br /> Town Counsel suggested the Board appeal it now . <br /> 1 <br />