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Mr. Harrington stated that the technical review was completed as far as the plans. <br /> Mr. Haj j ar stated that every year the restaurants made the applications. So every year <br /> they had a chance to right this thing that had gone wrong. <br /> Ms. Grady asked Mr. Ball if he had any comment or reed for discussion. <br /> Mr. Dalton wanted to add one other comment. He wanted to make clear that he had <br /> submitted a report a long time ago back last summer Haat the Merrill s eiat s had <br /> completed Haat was provided to Mr. Haj j r. when he purchased the majority of units <br /> except one in the condominium c mple , which gave him over 90% control. It was <br /> true that he was acting individually but he controlled the association. He was the <br /> controlling interest on the board of managers. The majority owner controlled the <br /> actions that were taken by the association. Back last summer they submitted a report <br /> from Merrill Associates that was provided to Mr. Hajjar. That report provided <br /> identified l the issue of10,000 gallons. That report said that there was probably over <br /> 10,000 gallons in flogs. In fact, every the first submission by Mr. H jjar indicated <br /> that the flows were a little over 101,000 gallons. So this problem Haat the different <br /> septic systems were going to be counted as one for the total flows. This information <br /> was available before he purchased the condominium mp unds. 'Whether or not <br /> there was further research that would have identified additional problems he didn't <br /> know. But, that was part of due diligence. He wanted to make that clear. The second <br /> thing was that these businesses had been operating for a number of years. The <br /> predecessor to Mr. Hajar, Dave Charbnnau, owned all of the'units except for one <br /> in Deer Crossing. He was the one who developed Carb 's Grille & Bar. He was the <br /> one who applied to the to for perrnissin. e wore several hats..He was the <br /> developer of Carb 's and the board of managers of the association. So the <br /> association backed that effort Haat time to allow Haat expansion. So it was not as if <br /> these owners had anything to do with the expansion. Mr. Richardi carne in and <br /> purchased this property in 2001 after the 72 seats had been approved and everything <br /> had been okayed. He had done his due diligence to check the number ofseats and <br /> that was the appropriate number. The same thing with the planet restaurant. The <br /> Planet Restaurant had seats back since 1997. They had the same number of seats. <br /> There had been nothing done by Mr. Hajjar or Mr. Richardi to change it. If they had <br /> any questions he would be happy to address them. <br /> Mr. Brady wanted to rebut Mr. Dalton's n's statements. when Mr. Richardi bought all <br /> f the stock in i anni"s restaurant he was well aware that they were clearly over <br /> the 10,000-gallon limit. He was well aware that Gi vanni's had been notified by the <br /> landlord to comply with the condominium documents and to reduce the amount of <br /> seating so that they were no longer-in violation of the Title v standards, So Mr. <br /> Richardi bought the restaurant and the stock well aware of the number ofseats that <br /> were allowed by statute and by lave the maximum allowed in there. In fact, in the <br /> same due diligence Mr. Richardi bought as a unit owner. If there was a 'title V <br /> problem as there was at that time, obviously, them was too much flow. He had the <br /> same responsibility to due diligence. He should have been aware. He was not. The <br />