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i <br /> W <br /> It was something that they needed the board's approval to go through the <br /> calculations and to agree on them. It was an update of the duly 1999 <br /> latter as he saw it. He knew that that was a lot of information. He didn't <br /> know if any-of the current board sat on or was farniIiar with it. He would <br /> be happy to answer any questions or give them more background. <br /> Mr. Ball asked hire if they would be able to complete the build out without <br /> the open space and have three-bedroom houses on the ten remaining lots. <br /> Mr. McElhany responded that they would only be able to build two- <br /> bedroom homes. <br /> Mr. Harrington confirmed that they would be two-bedrooms and a <br /> denitrification system for the third. They were all on 20,000 and not over <br /> 30,000 square feet. <br /> Mr. McElhany stated that essentially they want to continue on the path <br /> that they've been on. <br /> Mr. Harrington stated that originally Mr. Weinstein had requested the <br /> nitrogen aggregation plan, However, he was unaware that any actual plan <br /> had been submitted. Howevero Mr. McQuaid had written a fetter stating <br /> that he had agreed with the calculations as far as the nitrogen loading <br /> saying that the amount of acreage and square feet met with the amount o <br /> bedrooms that were proposed at that time, which was four-bedrooms <br /> each. He believed that that had occurred. He did not know if the board <br /> had approved an actual nitrogen aggregation plan. He felt that that was <br /> main why they were back before the board now with this plan. They have <br /> a plan now that requested the use of the open space that was there. The <br /> way things transpired before Mr. Weinstein purchased the property. A Mr. <br /> Sullivan owned the entire developments Prior to Mr. Weinstein purchased <br /> the property the open space wras put in and deeded to the town, Mr. <br /> Weinstein was not on the deed for the open space. He owns the <br /> developable portions of the subdivision. <br /> Mr. Ball asked who was on the deed right now. <br /> Mr. Harrington responded that the town was on the deed and it was set as <br /> Conservation land. The town counsel's opinion was that they would have <br /> to go the town meeting to get approval and also to the state legislature <br /> because it was conservation land. They would need a two-thirds approved <br /> vote from the legislature. There lies the conflict as far as town counsel"s <br /> previous opinion in the year 2000 stating that they would have to go to <br /> town meeting. <br />