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Zoning, but they lost a major portion of it and the Town took <br /> over South Cape Beach. There ' s that low of restrictions for the <br /> rest of the property. Can they be allowed to just transfer the <br /> high density from a property they don' t own anymore? And. . . in my <br /> understanding they can build within four hundred (400) feet of <br /> that well field. And my deepest concern is the water supply in <br /> this Town. <br /> The Chairman: okay. Thank you. <br /> The Chairman recognized Christopher Burden. <br /> Christopher Burden: That ' s uh. . .a reasonable question. In <br /> the original 1971 uh. . .Agreement with the Town uh. . . it was agreed <br /> that if any land were taken by eminent domain, any part of the <br /> Cluster Zoning area were taken by eminent domain, and the number <br /> of units and the number of square footage of commercial would <br /> decrease a portion of the land taken. So, none of the <br /> area. . .none of the units represented by the area taken by the <br /> State uh. . . is . . . is in question here. <br /> Ginny Landry: And I questioned where the high numbers came <br /> from. What section is it? <br /> Christopher Burden: It was part of the combined section. <br /> Ginny Landry: They combined them in 1971 . But they <br /> combined. . . <br /> The Chairman: Uh. . . Speak to the Board, please. (pause) <br /> Anyone else? Mr. Henchy. <br /> Attorney Henchy: Mr. Chairman. If I could get a <br /> uh. . .parting shot in before you. <br /> The Chairman: Go ahead. <br /> Attorney Henchy: Um. . . I guess the point I want to emphasize <br /> is if you're dealing with kind of a funny By-Law here in the 1964 <br /> Cluster Zoning By-Law, it requires and it contemplates two <br /> things . It requires Zoning Board of Appeals action to make <br /> certain findings based upon the application made at the time and <br /> if the Board. . .and makes those findings, then it also requires an <br /> interest in land of a deed conveyed to the Town to secure the <br /> performance of the items as shown on the plan presented to the <br /> Board on which the Board makes its findings . Now in this case in <br /> 1964, both things happened. You got a 1964 decision and then you <br /> have a 1954 deed. What has happened since then is that in 1990, <br /> and I don' t want to address 1971 because the Statute of <br /> Limitations of zoning violations is six years, and that ' s not an <br /> issue here tonight anyway. I will address 1990 . What happened <br /> in 1990 was that the deed got modified. But the part of the <br /> Zoning By-Law that contemplates and requires action by the Zoning <br /> -19- <br /> i <br /> II. <br /> I� <br />