10/05/1994 PLANNING BOARD Executive Session

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MASHPEE PLANNING BOARD MEETING MINUTES WEDNESDAY, OCTOBER 5 , 1994 EXECUTIVE SESSION Present: Tony Ferragamo, Tana Watt, Dennis Balzarini , Pat Coffey, Tom Fudala, George Costa, Charlie Rowley **Pat made a motion to enter into Executive Session to discuss pending litigation against the Town. Tana seconded the motion. Tony was in favor, Dennis was in favor, Pat was in favor and Tana was in favor. Tom said Dr. McDonald has agreed to the settlement presented to him by Town Counsel . Tom has not seen anything in writing. Tony thought Town Counsel was supposed to work with Tony, he hasn' t heard anything from him since he left the last Planning Board meeting. He wants to be sure the settlement is exactly as discussed with the Planning Board. Tom was not present when the Board discussed the settlement. He understands that McDonald has about 2 112 years of " life" on his special permit. They reported to the judge that a settlement has been reached. They have 30 days to file it. Tom explained this property is within the National Wildlife Refuge boundary. Including this in the refuge provides a way to have the land and Moody Pond protected. However, for Dr. McDonald to meet the deadline of his special permit, he has to move ahead and begin investing in the property - putting in roads and foundations. It is forcing him to develop the 12 lot subdivision. George asked if the Planning Board would consider suggesting a longer time frame to Dr. McDonald - maybe 5 years . There is no benefit to the town in forcing him to do the 12 lots. It is just a few more years of frozen zoning . With 2 1/2 years, he will probably put in the foundations and some cheap housing just to get a return on his investment. George Costa spoke with the Fish and Wildlife people in Washington DC. They spoke highly of this project and the amount of work from the Planning Department. They were amazed to see so much available property. He could probably get that property on a priority list but not in 30 months. He thinks a lot of people would like to see that parcel saved. There is not much difference if he builds 12 houses now or 5 years from now. He may be willing to donate the property to the Refuge. He thinks Dr. McDonald wants to leave something behind with the name McDonald on it. The Planning Board should leave all the other restrictions agreed upon in the settlement but try to buy more time to get the property on the Refuge priority list. He would appreciate it. Town Counsel is leaving it entirely up to the Planning Board. Tony can't believe we would give Dr. McDonald more protection, after what he has done to the town- suing the town. He does not like making deals. George said he understands the aggravation the Planning Board went through. He does not like deals either. His concern is Dr. McDonald will take a chain saw to the property and put in foundations. Fish and Wildlife will 8