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8/28/1996 ZONING BOARD OF APPEALS Minutes
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8/28/1996 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
08/28/1996
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you have in front of you. In his denial letter to the Water <br /> District on the top of page 5 where he says, (quote) " . . . I look <br /> at the substantial compliance clause as an expression of due <br /> diligence in the execution of the Agreement. This is an <br /> executive act . " (end quote) And I agree with that . <br /> The terms of the lack of recording affecting the validity of <br /> the Agreement . . . these conditions that we are alluding to, that <br /> the Water District asked the Selectmen to put in. . .most of which <br /> the Selectmen did put into the Agreement, is it a same agreement <br /> as the moving of units . It ' s all one agreement. So whether it ' s <br /> New Seabury or some buyer, or anyone else you can' t have one <br /> without the other. You can' t move the units without having the <br /> condition. So, no matter who does any building in there would be <br /> moved. . .with these new units, they must comply with those <br /> conditions . Uh. . . it ' s all in the same agreement . Uh. . . the <br /> agreement is no Less valid whether or not it is recorded. The <br /> recording only tells the rest of the world. The fact that two <br /> parties signed the agreement makes it a binding contract . <br /> Uh. . . and also, you couldn' t build these units without <br /> uh. . .recording the Agreement and uh. . .obtaining a Building <br /> Permit . And the Building Inspector is right here. He. . .he ' s <br /> more well aware than. . . than most of us of all these conditions . <br /> And he won' t issue a Building Permit without those conditions <br /> being met. <br /> Uh. . . the other issue of uh. . .uh. . .you know, whether or not <br /> this is the proper procedure, and. . . and the Water District says <br /> it isn' t. Twenty-five years ago the Town did it exactly the same <br /> way that it did it six years ago. In 1971 as a Town Meeting <br /> vote, in 1990 as a Town Meeting vote. In 1996, years ago the <br /> Town Meeting took a vote and in. . . I 'm not sure that this Board <br /> wishes to overturn what two Town Meetings did and saying those <br /> proceedings from twenty-five years ago, that procedure from six <br /> years ago is all wet, uh. . .and not right. <br /> The Chairman recognized Deirdre Greelish. <br /> Deirdre Greelish: Deirdre Greelish, I 'm a Water <br /> Commissioner. There are two points I 'd like to make since I 've <br /> been here since the first. . . the 171 . Uh. . .There was an article <br /> which was extremely ex. . . explicit that the Town Meeting voted on. <br /> And it said, move this many units from this section to this <br /> section. I move this many units from this section to this <br /> section. No such article appeared before the Town Meeting in <br /> 1990 . It was a very vague article that said, " . . .To see if the <br /> Town will vote to uh. . . authorize the Selectmen to enter into a <br /> negotiation for the transfer of development rights from <br /> Bufflehead Bay, which wasn' t in the Special Permit, to <br /> wherever. . .whatever other land they own. " They could have stuck <br /> them in Sandpiper Village. . . I mean, uh. . . Sandlewood or something. <br /> Or some other piece of land they owned that didn' t have anything <br /> on it . Town Meeting never said that they could move four hundred <br /> -15- <br /> i <br /> r <br />
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