8/28/1996 ZONING BOARD OF APPEALS Minutes

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think it ' s fair to say that there have been no permits issued pursuant to this particular agreement at this point in time . But, obviously we are very concerned about that. We don' t want to see if you will, the cat get out of the bag, permits pulled for some four hundred and twenty-five (425) or any number of dwelling units, uh. . . absent of full review by this Board and. . . and what in our agreement would be uh. . .addressing in full the Water Commissioner' s concerns of the public water supplies . Uh. . . that ' s the real short uh. . .version of our presentation. Uh. . . I . . . I hope I 've explained our positions. If I haven' t, I 'm certainly happy to respond to questions that the Board might have or any clarifications . And I would like permission, once uh. . . Kenmark gets to my office, hopefully tomorrow morning, to give you copies of all of these documents. Because I do think you have to look through them, uh. . . in order to get a sense of how this all came together. Uh. . .and with that I apologize, I had hoped that they would do that tonight (inaudible) . Uh. . . thank you, Madam Chairman. The Chairman recognized Attorney Fox for the purpose of making his presentation. Attorney Myron J. Fox: Mr. Chairman, Members of the Board. My name is Myron Fox, I represent New Seabury Company, that has a. . .a direct interest in this because it is a signatory to the agreement modifying restrictions of 195 that was signed by the Selectmen. Needless to say, we take a very different view of the law than. . . than uh. . .Mr. Henchy does and we in fact agree with uh. . . the denial of public request for the Water District that was made by the Building Inspector. The Water District had requested to you uh. . . that you do a number of things . One, that any building permits that have been issued be revoked. You can' t do that because there' s no permits that have ever been issued under that . Uh. . . it ' s . . . it ' s . . . it will be quite a while before any permits are. . . are requested. So therefore, the Building Inspector denial of that request of the. . . of the Water District uh. . . should be upheld. Secondly, the. . . the Water District is asking that the 195 Modification Agreement uh. . .be rescinded because it was not uh. . . approved by you folks. Uh. . .again, to reiterate, in 1990 the Town Meeting of Mashpee authorized- - directed the Selectmen to uh. . . to allow the moving of those units by signing an agreement with New Seabury Company. And. . .and some years later in 1995, that agreement was signed. Uh. . . this procedure of doing it in that fashion uh. . .was . . .was approved by Town Counsel in 1990, who was different than current Town Counsel . Uh. . . and still that same procedure was upheld by the current Town Counsel in. . . in it ' s . . .uh. . . as I understand from (inaudible) letter that . . . that was written to the Building Inspector in 1995 . And keep in. . . in. . . in 1971 there was another -5-