Laserfiche WebLink
Board of Appeals Minutes - July 29, 1992 4. <br /> they do not like the conditions. He said he would Like to have one thing <br /> settled before getting into another potential court case. <br /> Ms. Morse informed the Board that this was the fourth or fifth suit and that <br /> there had been litigation in 1984, 1987 and 1988. <br /> Mr. Kirrane said this was the first suit since Mr. Talanian purchased the <br /> property. Mr. Makunas stated that he would like to solve one law suit before <br /> getting involved in another. Mr. Friel asked Ms. Morse that if the applicant <br /> was dissatisfied with any action taken at this meeting it would be <br /> incorporated in one case and Ms. Morse replied that she would file a motion <br /> to consolidate the cases. <br /> Mr. Makunas said that the the Board has lost control since it issues a Special <br /> Permit with conditions, they don't like the conditions and sue and continue <br /> to operate any way they want to operate. He said if the Board denied the <br /> permit they would sue and if the permit was granted they would sue. <br /> Mr. Kirrane said they had no objection to the Board going into executive <br /> session and, if the Board wanted to come out of Executive Session with a <br /> proposal, they would consider it. He stated that certain things that took <br /> place during the most recent deliberation for the Special Permit which were <br /> different from previous hearings, including the short period of time. He <br /> said unless they challenged the time limit they would have lost their right <br /> to challenge. He said that negotiations were in progress with the Selectmen <br /> on the improvements to Donna's Lane. He commented that he thought everyone <br /> was trying to head in a direction that will result in a facility and use <br /> which will benefit both the property owner and the Town. <br /> Mr. Friel said he objected to going into Executive Session and he wanted <br /> to continue the discussion on the transfer of the permit. There was <br /> discussion of the legal requirements for the posting of an Executive Session <br /> and Ms. Morse said she could return for another hearing. <br /> Mr. Makunas asked if the Board would object if he spoke privately with Ms. <br /> Morse and she agreed this could be done. Mr. Kirrane said he would agree' <br /> to an Executive Session at a later date. <br /> Mr. Friel called a recess at 8:15 P.M. The Board reconvened at 8:30 P.M. <br /> Mr. Friel said Mr. Kirrane could make his presentation and the Beard would <br /> take the matter under advisement and would be meeting in Executive Session <br /> with Town Counsel. <br /> Mr. Kirrane said they have applied for a transfer since the owner is more <br /> responsible than the absentee landlord. He said the owner is the party who <br /> can accomplish what the Board seeks and there will be an over-all development <br /> plan for the site. The mini.-golf is proposed to be relocated and that is <br /> the primary reason to have the Permit in the owner's name. He said the <br /> improvements to Donna's Lane and 128 can be accomplished by the owner. <br /> Mr. Friel asked if a transfer was preferable to a new application and Mr. <br /> Kirrane responded that they would prefer the transfer. Mr. Friel asked if <br /> a new applicant might be subject to the Cape Cod Cc mission and Mr. Kirrane <br />