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i <br /> Mr. Costello stated that they wanted to try and settle this. This was a circuary sp <br /> review ease in Barnstable Superior Court now. By lurch 8th, 2005, they had to file <br /> ars administrative.rec rd, which Mr. Harrington had forwarded t him. He had all of <br /> the documents. They would file it with the court. They would have to submit a brief <br /> in support of their position. The court would consider the matter"de novo", a new, <br /> -based on the facts, some deference although minor deference would be given to the <br /> board to make a determination.n. There would be an independent ruling by the court <br /> based on the record that was established during the hearing before the board and <br /> away they would go. This was a settlement proposal that carne in. He and Mr. <br /> Harrington had.spoken numerous times about this matter and his sense vias that the <br /> board was fairly well entrenched in their position in this matter. He had an <br /> obligation however to obviously forward any and all settlement proposals that carne <br /> regarding pending litigation. He didn't think that they had to make any decisions <br /> now. But, what he would like to do was have the board members consider this <br /> proposal and consider it generally to see if there was any room for compromise r <br /> negotiation. The bottom-line was that they did not have to male any.decision now <br /> that he had spring that on them at the last minute. But, they had until early March <br /> before they had to really gear up legally and start taping... <br /> Ir. Harrington asked Mr. Costello if the DEP still didn't have to render some kind <br /> f decision because they had to... <br /> Mr. Costello responded that the DEP sent him a letter. He asked Mr. Harrington if he <br /> remembered-thein discussing this mystery letter. He had seat this letter. He thought <br /> that they had seen this letter dated May of 2004 to Ann Bingham. It requested the <br /> DEP to state their position and agree to Mr. Mc lhinney's position in this matter. <br /> Mr. Harrington stated that he,could see how they could agree to it. <br /> Mr. Costello responded that Ms.,Bingham had initialed it. That was another point <br /> that they should keep in mind. He never had the I 's full support at the trial this <br /> afternoon. They had adopted... <br /> Ms. Grady thought that they had come to the board to ask permission to use tow <br /> owed green space that had been deeded to the town. They wanted to use that land t <br /> increase the number of bedrooms in the homes he wanted to build. <br /> Mr. Harrington stated that that was correct. <br /> Ms. Grady remembered being opposed to it because she did not think that they had <br /> the right to allow therm to us town owned property. She thought that they voted that <br /> they could do that.. She thought that the other board members voted that they didn't <br /> care. <br /> Mr. Ball said that they voted that they couldn't do that. <br /> 5 <br />