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was the choice of Town Meeting. <br /> Thank you very much. I ' ll be glad to an—answer any <br /> questions. <br /> Attorney Henchy: Mr. Chairman. If I might (ahem) <br /> (inaudible) . . .May I respond to what Mr. Fox has said right now <br /> while it is still fresh in your mind? <br /> The Chairman: Yeah. Go ahead. <br /> Attorney Henchy: Uh. . . First of all let me try to tackle the <br /> red herrings if I can. what Judge Nelson said in that case was <br /> not that he approved of anything that was done. He said, this <br /> was done. That ' s absolutely true, there is no dispute about <br /> that . There was a Town Meeting vote in 1970, there was a <br /> Modification Agreement in 1971 . That ' s an absolute red herring. <br /> And the suggestion that you, about some vote here would be <br /> overruling what Judge Nelson said, uh. . . is just, well it ' s just <br /> ridiculous is what it is . I ' ll just leave you with that . <br /> Uh. . .as far as the opinions of other Town Counsels, uh. . .we <br /> don' t know that . Ms . McKnight is here from Kopelman and Paige, <br /> they can certainly express their own opinion. Uh. . .As far as <br /> what other Town Counsels have said or done, it seems to me that ' s <br /> completely irrelevant . What ' s relevant is whether or not what <br /> the Board of Selectmen did in 1995 purports for the requirements <br /> of the By-Law and with the Special Permit that was granted in <br /> 1964 . And the linchpin of that is very important for you to <br /> recognize and Mr. Fox has addressed it. He is maintaining that <br /> what the Board of Appeals did was simply give its blessing to a <br /> concept . And that within that concept of cluster development, <br /> the Town as the only entity that can hold an interest in real <br /> estate (inaudible) , is free to move things around in any way that <br /> the Town, checking through the Board of Selectmen, deemed <br /> appropriate. That ' s absolutely flat wrong. The Special Permit <br /> in 1964, I 've seen members of the Board taking a look at the <br /> Findings of the Board of Appeals at that point in time, with <br /> reference to a specific plan that was submitted to the Board of <br /> Appeals, and the Decision says and I quote It . . .The specific plan, <br /> that would be the Board of Appeals, has been prepared with two <br /> (2) foot contour studies of the entire area. It respects the <br /> terrain and natural features of the land. It provides for a well <br /> located good balance dwelling unit density for commercial <br /> facilities and amendments . The plan is well coordinated in <br /> respect to continuous development properties and it is well <br /> coordinated with the continuous non-developed and near by <br /> properties . " <br /> The Board of Appeals in 1994 had under consideration a <br /> specific plan. And that specific plan is precisely what is <br /> referenced in the deed. And the deed describes it in a fair <br /> amount of detail . I believe described it as . . . (I 'm looking for <br /> c -10- <br />