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town counsel and get their read on it again. Town counsel had already <br /> written not a negative determination but a determination that town <br /> meeting was necessary, If it was now their opinion that a town meeting <br /> was not necessaryg he would lice to see if In writing, <br /> Mr. Santos brought up that they went through this with the Habitat for <br /> Humanity for those two houses. The town sold them the land for$1.00 <br /> because it was for the Habitat for Humanity. It had to go to town meeting <br /> to be approved. <br /> Mr. Harrington interjected that that was not conservation Land. That was <br /> just town owned property, <br /> Mr. Santos continued that it was just `open space'. They had to shover that <br /> on the deed and it was probated. He agreed with Mr. Harrington, He felt <br /> that it was either going to have to be purchased. in conjunction with the <br /> Title V regulations, The town currently owns this property and he felt that <br /> they would be setting a serious precedent with this decision. <br /> Mr. Harrington was not saying that this could not be done. However, <br /> where they have not breached this before, he would rather not have to <br /> stick their necks out too-far with counsel already issuing contradictory <br /> solutions. <br /> Mr. Santos continued by asking why the builder did not request a one-year <br /> extension. <br /> Mr. Harrington responded that the one-year extension had been requested <br /> and approved. it had expired. <br /> Mr. Mc lhany interjected and stated that if there were another <br /> mechanism to achieve the same goal they would certainly entertain a <br /> dialogue about that. He felt that Mr, Weinstein was anxious to finish out <br /> the same way that he began with this development. It was a big financial <br /> burden to go to two-bedrooms out there. He added that in terms of the <br /> town's onershipq to clarify because it was confusing. This was not a <br /> situation were they were saying that this was town owned land that <br /> happened to be in the carne vicinity that they were developing homes, <br /> This land was deeded to the town as part of this development, It was in <br /> fact permanently restricted as conservation land. Mr. Weinstein as the <br /> successor to the original developer has the right to enforce that. if the <br /> torn tried to build there Mr. Weinstein could go into court and say no the <br /> deed that carne in my chain of title says that was permanently restricted <br /> as open space. In hindsight it would have been much-more preferable to <br /> do this with a lot-more detail at the time, The intent was clear that this <br />