9/11/1996 ZONING BOARD OF APPEALS Minutes

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issue the twenty-sixth permit and then we can bring in the Plan and see if that ' s germane to. . . to that particular uh. . . appeal . But I feel right now that that. . . this Appeal is strictly the Building. . . the Building Inspector' s decision to issue permits uh. . . and to be able to mod. . . to uh. . . rescind the Modification. And at this point I don' t think that this map particularly is . . . is germane to the situation. I mean that ' s my. . . that ' s my feeling. Attorney Henchy: No. . . I understand, sir. I mean, I obviously respect your opinion. The Modification Agreement purports to be an amendment to the Special Permit. It contains within its four corners findings by the Board of Selectmen that the Modification of the number of allowable units in Section 5 from twenty-five (25) units up to four hundred and twenty-five (425) is deemed by the Selectmen to be in substantial compliance with the Special Permit . Uh. . . it ' s our view that the Board of Selectmen don' t have the authority to make that determination. It' s our view that the Board of Appeals and only the Board of Appeals has the authority to make that determination. The Chairman: Let ' s put this into the record. Attorney Henchy: Thank-you. The Chairman: Ah. . .yes, Chris . Christopher Burden: Uh. . .Chris Burden, New Seabury Company L. P. Uh. . . I 'd just like to make a couple comments uh. . .uh. . .one on the Plan. The um.. . . Special Permit references a Plan with two foot contours and I don' t believe this uh. . . Plan has any contours at all . Uh. . . the next uh. . .uh. . . item that I 'd like to uh. . .point out is that the uh. . . the Vote references registered land acreage shown on a Petitioner' s Plan uh. . .on the Cluster Zoning principle. Uh. . . that suggests that it ' s the acreage as a whole. The next thing is that uh. . . the Special Permit could have referenced uh. . .all twenty-nine Sections . It referenced no Sections at all and so I . . . I . . . this is the first time I 've seen this Plan, but this does not look like that Plan that ' s described in the uh. . .uh. . . the Decision. The Chairman: Can I say that, again Chris, my feeling is that this isn' t even to that point . ;E Chris Burden: I un. . . I understand. The Chairman: I don' t know if you know what I 'm talking j about. Chris Burden: I do know what you' re talking about . The Chairman: And. . .and we' ll take. . . if you've got i -6- 3° 1'.