The April 3 meeting of the Mattapoisett Planning Board found the members thumbing through reams of legal documents and yellow-lined work sheets in an effort to understand covenants governing the release of lots and conveyance of subdivisions within the Bay Club.
Coming before the board were John Dawley, president and CEO of Northland Residential Corporation, and David McIntire, owner of “Shagbark,” a subdivision within the Bay Club development.
Dawley explained to Planning Board members Gail Carlson, Nathan Ketchell, and Janice Robbins, that he was seeking the board’s affirmation of the validity and transferability of the subdivision from McIntire to Northland for the purpose of constructing 32 homes along the existing golf course.
Dawley said that Northland was willing to acquire the properties with any and all existing encumbrances and asked the board “to deliberate that all permits are valid and no objections for the transference” would arise. That’s when the conversation hit the proverbial bump in the yet-to-be-constructed road.
Robbins, a new member to the Planning Board who is currently seeking election as a permanent member, admitted that she was confused regarding what the language in an existing covenant meant.
“The road covenant doesn’t allow a parceling out of a few lots,” she said, noting that roads and drainage infrastructures had yet to be constructed in the subdivision.
There ensued a dissection of legal language and intent on the part of the Town and the property owners, as everyone sitting at the conference table thumbed through documents.
Also present was Attorney Elizabeth Kunz, whose involvement with the Bay Club’s various subdivision owners includes her authorship of covenants now in question. She attempted to explain that covenants had been modified as lots were substituted and/or released, and that with each modification, expiration dates extended. But Robbins remained unmoved and confused, stuck on covenant wording that seemed to indicate Shagbark could not be sold until roadways were completed.
Dawley said that the Conservation Commission’s Order of Conditions was valid until 2020 and that the roadway covenant didn’t expire until 2018; thus, McIntire could sell Shagbark to Northland.
After 45 minutes of discussion that didn’t seem to shed sufficient light on the issue of the covenant, Robbins said she needed time to fully understand its complexities. Dawley, by then visibly frustrated, folded his map saying, “I withdraw my request … I feel like this conversation isn’t productive for me.”
Kunz then returned to the table with Ted Goudy of Aerie Homes, Waltham, to discuss a different legal issue concerning a home in the Fieldstone development within Bay Club, a development adjacent to Shagbark.
Goudy said that the buyer’s attorney had uncovered a glitch in the covenant that muddled the paperwork associated with 106 Fieldstone.
“In 2007, a rearrangement of lots named 106 as subject to the covenant, but the new list didn’t include 106,” Goudy explained. Now the buyer’s attorney was requesting that the paperwork be “cleaned up” before the property could be transferred.
Another long reflection between Kunz, Goudy, and the Planning Board members took place on the history of property transactions and covenants, with Robbins finally saying she could vote to allow the paperwork correction for not only 106 Fieldstone, but also 75, 111, and 118, which are lots with occupied homes.
Robbins returned to the issue of Shagbark, asking Planning Board Administrator Mary Crain to provide a list of lot numbers that are part of the covenant. With a handful of yellow sheets, Crain said she had begun that process, saying it was “complicated.”
Also coming before the board was Brian Grady of G.A.F. Engineering regarding Appaloosa Lane for review of roadway paving. Grady said that Tibbetts Engineering had been engaged to conduct coring testing to ensure the road’s base and asphalt application had been accurately constructed. He said he would contact Highway Superintendent Barry Denham so he might witness the testing.
Earlier in the evening, the issue of certified test results for the private septic system at Brandt Point Village was reviewed. Crain said that Dale Barrows of the Mattapoisett Board of Health didn’t feel qualified to review test results that were dated November 2016. Barrows had indicated to Crain that Field Engineering, the town’s engineer providing peer review at the subdivision, should confirm the test report and that his office couldn’t pay for the review.
Robbins wondered aloud, “How can we hire an engineer to help the Board of Health?”
The matter was tabled as Carlson, a resident of the subdivision, would have to recuse herself from any proceedings in the matter.
The next meeting of the Mattapoisett Planning Board is scheduled for May 1 at 7:00 pm in the town hall conference room.
By Marilou Newell