Maria Lajoie

From: Bill Cundiff

Sent: Monday, April 01, 2013 4:59 PM

To: MLajoie@douglasma.org

Cc: Stephen O'Connell; Scott Charpentier; lori@funarisite.net

Subject: FW: Whitins Res Estates / Funari

Maria:

Please print for the Planning Board.

From: Jay Talerman [mailto:jay©bbmatlaw.com ]

Sent: Monday, April 01, 2013 4:23 PM

To: 'Bill Cundiff'

Cc: MLajoie(adouglasma.org

Subject: RE: Whitins Res Estates / Funari

Bill, there are a few issues here. I note the following:

1. Funari is not entitled to the prior developer's review fees without proof of such entitlement.

2. Per Sections 6.9.1 and 6.9.2, no construction may commence until there has been a pre=-construction meeting at

which the protocol for inspections has been established. Such protocol would include establishment of an inspection

review account. Under G.L. c. 44, s. 53G, no review services may be implemented until the review account is funded by

the applicant.

3. per G.L. c. 41, s. 81U, subdivision security (i.e. the Covenant) must be executed approved before the subdivision plans

can be endorsed. As a matter of course, work on the subdivision itself cannot commence until the plans are endorsed

and recorded. Additionally, the Special Permit in this matter states that work may not commence until the Special

Permit is recorded (I don't know if that has occurred).

4. While the applicant is always free to do some site work on his own property (subject to other applicable permitting

processes), it does so at its own peril and any grading or other work done without inspections may need to be redone.

I hope this helps clarify a few points. I will be reviewing the covenant shortly.

Jay

J ason R. Talerman, Esq. Blatman, Bobrowski & Mead, LLC 730 Main Street, Suite 2B Millis, MA 02054

(508) 376-8400 (office) (508) 376-8440 (fax) (508) 446-2002 (mobile)

This email contains information that may be protected by the Attorney-Client and Executive Session privileges.

From: Bill Cundiff [mailto:wcundiff@doudlasma.orq] Sent: Friday, March 29, 2013 11:46 AM To: jay@bbmatlaw.com Cc: MLajoie@douglasma.org Subject: Whitins Res Estates / Funari

Hi Jay:

I have a few items that I need your input on (per request of the Planning Board). As you may recall, the Whitins Res

Project was first approved under an Application from K. D. Builders, Inc. 15 Vesper Drive, Pocasset, MA 02559 (Kevin

Dooley). K.D. Builders was foreclosed on and the project laid dormant for a number of years until the Funaris came in

for a modification to the original decision as well as a Flexible Development Special Permit. Both permits have been issued.

K. D. Builders established a Review & Inspection Account when they started construction on their project and we still

have a balance of $22.34 in our 53 E1/2 and $1,762.65 in our 53G account for the project.

1) Funari has indicated (see email below) that they are entitled to these funds for use on their permit. Our Fee schedule may be found here. Please advise, If so, please clearly indicate this, otherwise please clearly indicate

why not and what should be done with the balance in this K. D. Builders account.

2) Funari has begun site construction prior to establishing a review and inspection account pursuant to our fee

schedule (see attached letter and email below). Please advise at what point would be appropriate a check to be

submitted. (ie Planning Board Vote, decision expiration date, plan endorsement, recording decision at the

Worcester County Registry of Deeds, etc.).

Please call me if you have any questions. Your prompt attention to this matter is appreciated.

Thanks,

Bill

From: lori@funarisite.net [mailto:lori@funarisite.net] Sent: Thursday, March 28, 2013 11:54 AM To: Bill Cundiff Cc: Stephen O'connell Subject: meeting tuesday (2)

(I am resending email, I gave you the wrong deed book and page#)

A couple of things. I have read the Douglas Planning Board Regulations Governing Fees and Fee Schedules. According to Section 4.5, Inspection Phase, "After the granting of a Special Permit, or Definitive Plan approval, the Planning Board may require a Supplemental Project Review Fee for the purpose of ensuring the availability of funds during the inspection phase of the review process". Since the plans have not yet been endorsed, I am not comfortable with paying the inspection fee just yet.

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Jr your letter dated March 18, you had stated that you would like to have a pre-construction meeting. I would be happy to meet with you on Tuesday but I don't want to meet with the the outside inspector until the plans are endorsed at the next meeting.

Also, according to 4.6.6 of the Fee Schedule, the "Successor in Interest" is entitled to any monies paid by the previous applicant. George Funari, Trustee of Landmark Realty Trust is the Successor in Interest, which can be proven by the deed, recorded with the Worcester District Registry of Deeds, Book 46407, page 150. These funds then should be applied to our inspection fee account. I would need to know about this before paying anything on the inspection fee.

Please let me know if you would like still like to meet on Tuesday.

Sincerely,

Lori J. Funari Funari Site Development, Inc. 508-328-2616 www.funarisite.net

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