From: 	Danielle West-Chuhta (Danielle West-Chuhta)
To:	Fraser, Jean
Date: 	4/4/2013 8:46 AM
Subject: 	Fwd: RE: Old Barn Estates - Ocean Ave. Portland

FYI.

>>> "Joe Mazziotti" <jrm@mazziotti.org> 4/3/2013 4:56 PM >>>
Danielle,
 
Yes they will.
 
Thanks,
 
Attorney Mazziotti

From: Danielle West-Chuhta [mailto:DWCHUHTA@portlandmaine.gov] 
Sent: Wednesday, April 03, 2013 11:03 AM
To: Joe Mazziotti
Cc: 'Peter Biegel'; 'Tim O'Donovan'
Subject: Re: Old Barn Estates - Ocean Ave. Portland

Attorney Mazziotti:
 
I have reviewed these documents and find that they are sufficient for the City's purposes.  Could you also please verify that all lot deeds will contain language regarding the various easements (storm water, etc.).
 
Thanks for your time,
 
Danielle

>>> "Joe Mazziotti" <jrm@mazziotti.org> 3/21/2013 5:06 PM >>>
Hello Danielle,
 
I am representing Tim O'Donovan,  the developer of Old Barn Estates.   In looking over the comments from Jean Fraser and your office I've tried to fashion documents to both clarify and simplify solutions to the various points raised.
 
The Homeowners Association Bylaws have been revised to include, as an attachment, the Stormwater Management Plan.  I also included a specific provision giving the City and Town of Falmouth remedial rights shoud the association fail to fulfill its responsibilities.  Please also note that the City's/Town's rights cannot be affected without their written consent.  That document will be recorded in the registry and referred to in each lot deed.
 
I also prepared a draft of the deed from the Developer to the Homeowners Association which includes the various easements enabling the association to carry out its responsibilities for the stormwater management and tree preservation, both in the buffer areas and along Ice Pond Drive.
 
A separate easement deed to the Falmouth Land Trust will be created specifying the location and its maintenance responsibility for the trail connector.
 
I would like to delete any reference on the plan to easements.  Three of them apply to lots 15 and 16 which are being deeded to the Association and unnecessary.  The other easements, for the most part, are covered by the association's bylaws.
 
The only easement I have a question about is interim public access.  Although in past subdivisions I've maintained the way as private and under the control of the developer until its dedication to the City, we can grant some form of public right.  The effective date of that may not occur until the road has a base coat for liability and control issues.  If you have language you might share that would be helpful.
 
I am available any time tomorrow to discuss this.  I know that Tim hopes to be able to present a final plan to Falmouth Tuesday night and any accommodation would be appreciated.
 
Regards,
 
Joe Mazziotti

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