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i <br /> Mr. Costello wanted to throw in his two cents worth. It was an unsettled issue. What <br /> this would boil do to vias a legal issue as to whether or not conservation restricted <br /> r err space restricted land such as this, which had been deeded by the predecessor <br /> in interest t the current property t the town a part f the overall ubd'v'sion <br /> ' <br /> apprva-I process for this property could b utilized by the current owner as a <br /> component f the property for the purpose of the dentrificati n calculations. <br /> Ms. Warden asked hover Mr. Weinstein could do this if it no longer belonged to him. <br /> Mr. Costello answered that it was part of the overall development scheme rattier than. <br /> approved by the town. He was claiming basically derivative rights as an individual <br /> unit of a lot owner. He was claiming that those rights were passed on to him as the <br /> bundle of rights that the developer of the subdivision had obtained from the town at <br /> the to meeting when he had obtained his approvals. <br /> Ms. Warden asked ed if he wouldn't have to get the DEP approval also. <br /> Mr. Costello rcpli d'that he had seat a letter to Ann Bingham basically outlining <br /> heir position on the matter. "'My client's position was that no such restrictions <br /> needed since the land was deeded to the town as part the zoning approval ofthe <br /> subdivision subject to an express restriction that the lana be held "for conservation <br /> purposes" further it was my, client's view that the special permit for the subdivision, <br /> which he had previously forwarded and which was recorded similarly prohibits the <br /> development ofth open space." What he was trying to get.the IEP to agree with <br /> was that since that space was permanently restricted could it be developed and will <br /> not further burden the e vir nment out here beyond what vas allowed in the <br /> subdivision. They should he able to utilize that land as n open space component. <br /> Ms. Warden suggested that that might set a precedent. <br /> Mr. Costello stated that that was the issues He let them know w that. That was what he <br /> was most concerned about. He had said to hire that if they wanted to submit <br /> settlement proposal by all means they were entitled to do that. They-would in.good <br /> faith consider it. But, the thing that they would have to be aware of1s that the board <br /> f health was concerned about the precedential impact of this matter could actually <br /> cause. If they were going to propose a settlement, give the BOH something ething vithin <br /> that settlement that mould allow them not to be saddled with this thing later on if <br /> another similar proposal would come up. Give them some mitigating factors in the <br /> settlement proposal that they could relay on relating specifically to this property that <br /> they could work with. <br /> Mr. Ball stated that about a month ago a developer came in them and they had to buy <br /> extra lana for his development for calculations. <br /> Mr. Costello continued by stating that what he-had asked the DEP to approve was <br /> that Mr. Weinstein was of the understanding that the DEP based on his preliminary <br /> L - <br />