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with the by-law. And pursuant to that decision, New Seabury, in <br /> whatever the form it was at the time, granted a deed to the uh. . . <br /> Town of Mashpee, which set forth a number of limitations on <br /> various sections contained (Sections one (1) through twenty-nine <br /> {291 ) within the development . And the limitations at that time <br /> on Section 5 uh. . .were twenty-five (25) dwelling units and one <br /> hundred and eighty (180, 000) thousand square feet of commercial <br /> area. And those were the restrictions on development within <br /> Section 5 that existed as a matter of property law up until May <br /> 22, 1995 . Uh, that deed was recorded November 19, 1964 in the <br /> Land Court, uh. . . and unfortunately due to my copier dying, I <br /> don' t have copies for all of you, but I would be more than happy <br /> to supply these for the Board. I think Mr. Hauck has a full set <br /> of all these documents uh. . .uh, pursuant to our earlier <br /> discussions . <br /> Now, in 1990 the Mashpee Town Meeting authorized and <br /> directed the Board of Selectmen to effect in essence a <br /> Modification of the 1964 Deed and transfer of Development Rights . <br /> And the transfer of Development Rights that was authorized <br /> dramatically increased the number of units of residential <br /> development and the square footage of commercial development that <br /> could be developed within so-called Section 5 of New Seabury <br /> Development. Now that to me is subject of concern which gives <br /> rise to our appearance before you tonight and Mr. Babcock' s <br /> earlier comments . And there are two (2) wells in that area, Russ? <br /> (Commissioner Greelish will talk to you tonight for the Mashpee <br /> Water District . ) Uh, there are two (2) wells there that provide <br /> a very substantial amount of the uh. . . capacity of what Mashpee <br /> Water District pump. . .uh. . .pumped out clean water. And this <br /> clean water actually is drinking water. And the concern that the <br /> Water District had uh. . . in the past and has now is that with this <br /> very dramatic increase in the number of development uh. . .both <br /> residential and commercial as authorized in Section 5 by the so- <br /> called agreement uh. . .which was dated May of 1995, uh. . . that the <br /> integrity of those wells near a building to provide potable water <br /> could be threatened in the future. In fact I take this <br /> information from our engineers which we presented to the Board of <br /> Selectmen early on in some early discussions, uh. . . that present <br /> that as a very real possibility. <br /> So, we expressed these concerns to the Board of Selectmen <br /> and at a couple of public hearings that were held back in the <br /> spring of 1995 . And the Selectmen I believe it is fair to say, <br /> attempted to address some of them, although not to the <br /> satisfaction of the Board of Water Commissioners . But, what <br /> resulted from the discussions in the spring of 1995 is an <br /> agreement dated May 22, 1995 between Christopher Burden, as <br /> Trustee and the Town of Mashpee. And the— the gist of our <br /> argument to the Board and our uh. . .disagreement with Mr. Hauck, <br /> uh. . .which gives rise to this appeal, is simply this . This <br /> agreement between Mr. Burden as Trustee of his various Trusts and <br /> the Town purports to amend the Special Permit that was granted <br /> -3- <br /> R <br />