8/28/1996 ZONING BOARD OF APPEALS Minutes

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discretion of New Seabury. Uh. . .There is absolutely no requirement this will be recorded and it has not been recorded. A subsequent purchaser who takes the land without knowledge of these restrictions, the value, will not be bound by it . And it strikes me. . . and I ' ll suggest to the Board that that is allowing New Seabury to have its cake and eat it too, against the benefit of the Agreement, against the transfer of development rights . It gets paid for thirty (30) acres upon which the development rights formally stood. Uh. . .But it doesn' t have to limit its land to the conditions required by the Board of Selectmen, which in our view (inaudible) . But anyway, at least they go part of the way trying to protect the public water supply. So, from all of those reasons, and for protection of the public . . .uh and you will discharge of the Board' s duties under the zoning By-Law, we ask that you grant our petition. Uh. . .and I mean no disrespect to Mr. Hauck by saying, overturn his decision. Uh. . .but, uh. . . I do ask you to do that and grant the relief that I seek. Thank-you. The Chairman: Excuse me. Uh. . .The plan that you're talking about . Was that just a topographical plan, or was it a specific plan showing units on it? Attorney Henchy: Uh. . .The plan that was referred to. . . the short answer is, I don' t know. But in each section of the plan there was a determination made that the maximum number of dwelling units would be set forth. (Reference was made to Subdivision Plan Cluster Zoning, Mashpee Town Map, 1964 Cluster Zone Sections . ) The Chairman: it looks to me like what they' re talking about is a topographical plan where they' re showing two foot contour lines and not a subdivision plan. Building Inspector: The plan was done by Hayes-Haynes . . . Hayes . And it was the Land Court Plan. .The Chairman: So it was a topographical plan? Attorney Henchy: The point . . . the point that I was trying to make with that, Mr. Chairman, is that the 1964 Decision and Deed specifically held the maximum number of units to be contained in each section. The Chairman: I . . . I understand that . I understand the maximum amount of commercial space. But, you know, when you' re referring to a specific plan that states two foot contour lines, to me that sounds like a topographical plan just showing the parcel of land undeveloped, you know, what it looks like so you C could see uh. . .you know, the elevations of the certain uh. . . I mean, I don' t know. I don' t have the plan with me. j, 13 I 4