From: 	Ethan Croce <ecroce@town.falmouth.me.us>
To:	'Jean Fraser' <JF@portlandmaine.gov>
CC:	'Tim O'Donovan' <ocpminc@maine.rr.com>, Philip DiPierro <PD@portlandmaine.gov>
Date: 	5/21/2013 2:54 PM
Subject: 	RE: URGENT RE: Release of plats for recording -  Old Barn	 Estates

Jean,

Tim O’Donovan just dropped off the letter of credit, so Falmouth is OK with releasing the mylars.

Thank you,
Ethan

Ethan J. Croce
Senior Planner
Town of Falmouth
271 Falmouth Road
Falmouth, ME 04105
(207) 781-5253  x-5328
(207) 781-8677 (fax)
ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>

From: Jean Fraser [mailto:JF@portlandmaine.gov]
Sent: Tuesday, May 21, 2013 12:16 PM
To: Ethan Croce
Cc: 'Tim O'Donovan'; Philip DiPierro
Subject: RE: URGENT RE: Release of plats for recording - Old Barn Estates

Thank you-   I am on stand by.

>>> Ethan Croce <ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>> 5/21/2013 11:48 AM >>>
Jean,

I am waiting for Tim to deliver the performance guarantee.  I think he is planning on doing that today.  I will shoot you off an email as soon as I receive/review it.

Thank you,
Ethan

From: Jean Fraser [mailto:JF@portlandmaine.gov]
Sent: Tuesday, May 21, 2013 11:45 AM
To: Ethan Croce
Cc: 'Tim O'Donovan'; Philip DiPierro
Subject: URGENT RE: Release of plats for recording - Old Barn Estates

Ethan

Tim is supposed to be collecting the signed plats from me at noon today-  could you please confirm that Falmouth are OK for them to be released.

Thank you
Jean

>>> Ethan Croce <ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>> 5/20/2013 9:59 AM >>>
Jean,

Thank you for the information and for your thoughts.  I understand that Tim is going to simply post a second guarantee to Falmouth in order to expedite matters.

Regards,
Ethan

Ethan J. Croce
Senior Planner
Town of Falmouth
271 Falmouth Road
Falmouth, ME 04105
(207) 781-5253  x-5328
(207) 781-8677 (fax)
ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>

From: Jean Fraser [mailto:JF@portlandmaine.gov]
Sent: Monday, May 20, 2013 9:53 AM
To: Ethan Croce
Cc: 'Tim O'Donovan'; Philip DiPierro
Subject: RE: Release of plats for recording - Old Barn Estates

Ethan

Once the street is completed the owner would then begin the process of City acceptance, which would include inspection to ensure it met City standards and then approval through DPS and the City Council.

I agree there could be a time lag (which is why there is the public access easement for the street during that period).

If the City has a PG for that stretch in Falmouth I assume that it would be treated the same as the rest of the street in the event of any of the possibilities you mention;  if the street was not accepted then it would remain a private street but I can see Falmouth might have issues re drainage onto Ledgewood.

We can have our respective attorneys discuss this but my impression is that Tim O'Donovan wants to move quickly.

I am in the office now so please telephone if there is anything that needs urgent attention at our end.

thank you
Jean

Jean Fraser, Planner
City of Portland
874 8728

>>> Ethan Croce <ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>> 5/17/2013 5:13 PM >>>
Jean,

Can you tell me when the street officially becomes accepted by the City of Portland/when the fee interest is conveyed to Portland?  I recall that the reason the Town Attorney wanted the street in Falmouth to be covered by the PG was to cover the Town in the event that the developer abandoned the project or in the event that Portland, for whatever reason (however unlikely), declined to accept the street.  The assumption was that the Portland Planning Board could not bind the City Council to accept the street and so there was, technically speaking, a remote chance that the City might not accept the street.

Ethan

From: Jean Fraser [mailto:JF@portlandmaine.gov]
Sent: Friday, May 17, 2013 2:05 PM
To: Ethan Croce
Cc: 'Tim O'Donovan'; Philip DiPierro
Subject: RE: Release of plats for recording - Old Barn Estates

Ethan

We did not understand that you wanted to be beneficiaries.

Our Corporation Counsel advises that we can not have Falmouth referenced on the City's Letter of Credit as that could result in legal and other confusion, and Corporation Counsel has also confirmed that any infrastructure that will be Portland's responsibility in the future must be included/covered in the Portland LOC amount.  There is a Portland Planning Board condition of approval that states:

        i.           That the applicant shall convey the fee interest for the new street to the City of Portland, including the section within the Town of Falmouth, as part of the process for City acceptance of the street; and

So I believe Tim O'Donovan will need a separate LOC with Falmouth and a separate one for Portland.  The one for Portland will need to include the entirety of the new road (including the section that is within Falmouth boundaries) so potentially Tim will need to "double" bond for that stretch unless it could be omitted from Falmouth's LOC (I am not clear why you need a PG for that section of the new road).

I would like to release the signed mylars on Monday afternoon as Tim is ready to start on Tuesday-  so I am sure Tim will be in touch with you to arrange the separate LOC.  If the costs of the road could be excluded from that it would help Tim, but those costs do need to be included in the Portland PG.  Please send me confirmation that your condition 3.a has been met as soon as you are able.

Phil and I will not be in the office on Monday (5.20.13) until around 9:30am as we have an 8am site meeting.

thank you
Jean

Jean Fraser, Planner
City of Portland
874 8728

>>> Ethan Croce <ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>> 5/16/2013 11:25 AM >>>
Jean,

We are OK with condition 3b.  I actually sent an email to Tim O’Donovan this morning indicating that there may have been some confusion around the terms of condition 3a.  I reviewed the draft letter of credit language this morning and noticed that the Town of Falmouth was not listed as a beneficiary on the LOC.  The intent was that if only one LOC was being issued that it should articulate and break down the extent of site improvements that are located within the Town of Falmouth and that the Town have the right to draw on the LOC for those specific improvements.  We will require that the LOC be amended to address that issue prior to authorizing release of the mylars.

Thank you,
Ethan

From: Jean Fraser [mailto:JF@portlandmaine.gov]
Sent: Thursday, May 16, 2013 11:11 AM
To: Ethan Croce
Cc: Peter Biegel; 'Tim O'Donovan'
Subject: Release of plats for recording - Old Barn Estates

Ethan

The applicant has requested that I release the signed plats tomorrow and I don't believe I have received confirmation from you that Falmouth condition 3b has been addressed.  Could you please let me know whether it is OK for me to release the signed plats for recording?

The generic draft lot deed is attached;  these would be finalized when there is a buyer and individual single family permits are applied for.

I note that Falmouth condition 3a has been met as we were copied into the 4.30.13 e-mail from Harold Mason.

thank you
Jean

>>> Jean Fraser 4/9/2013 3:42 PM >>>
Ethan

I note that on 3.21.2013 the attorney for the applicant (Joe Mazziotti) sent you all of the  homeowners and legal documents (except the individual lot deeds) that are referred to in your condition 3b.  My attorney confirmed on 4.3.2013 that these are all sufficient for the City's purposes.

Could you send these to the Falmouth attorney for review and approval as a step towards addressing your condition 3b?  Please note that we have not yet seen the generic individual lot deed that needs to be very specific regarding the stormwater buffers, treesaves, wetlands, homeowners association and obligations , public rights/trail etc.

If you attorney would like any amendments to the wording of the legal docs/homeowners docs, please copy me into the exchange so that I can consult my attorney on any changes.

Thank you
Jean

>>> Ethan Croce <ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>> 4/9/2013 12:53 PM >>>
Jean,

As you may be aware, yesterday, Tim O’Donovan picked up the recording mylars for the Old Barn Estates Subdivision.  I have attached the Falmouth Planning Board’s conditions of approval for the project.  Please note that the mylars should not be released for recording at the Registry until such time as the Town of Falmouth has verified that Conditions 3.a and 3.b have been addressed.

Thank you,
Ethan

Ethan J. Croce
Senior Planner
Town of Falmouth
271 Falmouth Road
Falmouth, ME 04105
(207) 781-5253  x-5328
(207) 781-8677 (fax)
ecroce@town.falmouth.me.us<mailto:ecroce@town.falmouth.me.us>

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