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L <br /> i <br /> was dedicated open space that was being set aside so that these smaller <br /> lots could be developed. It was not a situation that wouldn't be fair to him. <br /> to have to essentially purchase that from the town again and restrict <br /> again* So having said that, if there was another mechanism... <br /> Mr. Bail stated that he would like to find out wrho owns the land and o to <br /> town counsel and get an opinion fres them before they make a decision. <br /> He would move to continue this until the next meeting or the arrival of <br /> town counsel's decision. <br /> Mr. McElhany felt that that was fair in that this was certainly a <br /> complicated issue. <br /> Mr. Santos brought up the example of the person in Holland Mills wanted <br /> to go with an extra bedroom. He wanted to take the space that was part <br /> of the subdivision plan that was not owned by anybody. it was going to be <br /> left as open space. He wanted to grab those credits. The bottom line was <br /> that whom did that open space belong too? The entire subdivision that <br /> had-an equal share. Then it brought about major legal problems as to who <br /> got what and how much. That is not hove they wanted to approach this <br /> matter, <br /> Mr. McElhany re-iterated that that supports his argument that Mr. <br /> Weinstein is the holder of the special permit and as the developer is the <br /> rightfully entitled person to enforce that particular restriction. Essentially <br /> if you look at it that open space would allow four-bedrooms per lot out <br /> there, So in essence that there are three-bedrooms already on the bulk of <br /> these lots earn if they would build up a remainder at three or four they <br /> would still be better off that if it had been a conventional subdivision with <br /> 35 one-acre lots with four-bedrooms. Mr, Santos' point was a good one. <br /> But, ars the ovVner of the special permit and the one that had to answer to <br /> the town to make sure that things were in compliance. He was in <br /> special situation to enforce those restrictions and therefore it was <br /> appropriate that he could claim the benefit of that open space more so <br /> than any individual owner. <br /> r <br /> Mr. Ball asked what the other board members opinions were at this point <br /> in' time. <br /> IVIS. Grady felt that they should continue this matter. Nis. Grady made a <br /> motion to continue this issue until they receive a legal opinionfrom, town <br /> counsel. Mr. Santos seconded the motion, Motion passed. <br /> , Housing Inspection - 14 Tern circle <br /> Mr. Darrington stated that this was a property that had had previous trash <br /> 1 <br />