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door. But, his concerns in trying it. If the board wanted to try it then they would to <br /> the best of heir ability. They would be hanging on to the specific and strict <br /> adherence to the letter of the regulation. They would be relying on the history. The <br /> town knew darn right well from day one what was going to be involved here, the <br /> number of units and the permanent restriction of the twenty-five acres. Wei <br /> shouldn't they be allowed to utilize that restriction that they gave to the town for the <br /> purposes of developing the subdivision s it vas initially contemplated.? Secondly, <br /> they were going to throw this IEP letter in their face. They would have Ann <br /> Bingham cone in and testify that well that they would tentatively deem it in <br /> compliance with heir regulation. why,tentatively? well, they couldn't formally <br /> determine it because the local board hadn't approved it as such that it hadn't come to <br /> them. And, if the Judge ultimately looks to them as most judges in the superior court <br /> o. They know that they were the board of health, concerned about environmental <br /> issues. Was this going to have any negative environmental impact down the road? If <br /> he looked and said that it would be no more so that what was out there now. They <br /> would probably over turn their decision. <br /> Mr. Ball asked how many times would they be allowed to hit the open space. The <br /> reasons they allowed diem the open space was to get the subdivision they way he <br /> wanted it the first time. Now he was hitting it again. <br /> Mr. Costello stated that certainly it was a different situation. The planning boards <br /> objective in open space was reducing density. The hoard of health's open space <br /> concerns relate more to the denitrification aspects. But, their position was that if it <br /> was goose it should be good for the gander. Given the fact that the board of health <br /> was the town of Mashpee and the planning hoard was the town ofl la hpee. The <br /> town of M shpee was the only one who owned the property. wasn't this slicing it <br /> little judge? <br /> Mr. Harrington stated that the planning board required the denitrification systems, <br /> too. <br /> Ms. Grady asked ed by they didn't put the topic on the warrant for the town meeting. <br /> Saying that under no circumstances was any town meeting to be used for open space <br /> in the case for nitrogen aggregation. <br /> Mr. Costello suggested that they meet with Mr. Fudala and discuss with him the fact <br /> that it was going to have to be something that was going to be built into site plan <br /> review or some planning of the subdivision. It was the only time it was only going to <br /> e a factor when they were looping at a subdivision.-If they build some language <br /> into the subdivision regulations. But, they could adopt reasonable rules and <br /> regulations. But, he felt that it was something that should be built into the beginning <br /> of the approval process so that they wouldn't have any unreal expectations as to <br /> what they were going to be able to use when they carne to the board of health. He <br /> thought that was what they were given here quite frankly by virtue of his <br /> predecessor's letter. But, if that was built right into the regulations as to the <br /> 1 <br />