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• a condition of a Special Permit this Board does not have the <br />power to rescind. All you can do if refer it to the Building <br />Inspector for enforcement. He can say cease use of the <br />modification and this may mean going to'court. There is consent <br />and occasionally you will see a condition which is written into <br />a permit which says the applicant agrees that if he should not <br />conform to some conditions within 30 days then the permit will <br />be null and void and will be recinded. If this comes up again <br />delay the issuance of the permit and say if something is done <br />within a certain time the permit will issue. Or vote to continue <br />the hearing until the conditions are met. I did not want to <br />record this until you knew this." <br />Mr. Friel : "The owner has agreed with us and I would <br />like you to record." <br />Ms. Lane: "There is no provision in 40A for the Board <br />to rescind on its own -- all you can do is refer it for <br />enforcement." <br />Mr. Makunas: "How can we prevent people who will negotiate <br />and agree to conditions, we will grant a Permit and file it <br />and within the appeal period they will appeal to.Superior Court <br />and refuse to honor any of the conditions?" <br />• Ms. Lane: "Case law on that has said that if an applicant <br />agrees to a condition, even one not really supported by the <br />law, they are estopped or legally prevented from challenging <br />it. Unfortunately it has to go to court and you have to argue <br />to the court to look at the record. The court has upheld when <br />a Board has a letter from an applicant agreeing to condtions. <br />Get a letter into the record -- ask them to give you a letter. <br />They can't use their Special Permit when they appeal." <br />Mr. Makunas: "But they do." <br />Ms. Lane: "You have to record it before you can use it. <br />If you are appealing it you cannot record it." <br />Mr. Makunas: "They have to record the Special Permit with <br />the conditions and if they appeal any of those conditions within <br />the appeal period they cannot use the Special Permit. A Special <br />Permit that is up for review on an annual basis and the <br />conditions change from year to year and they agree to changes <br />in conditions and then they appeal." <br />Ms. Lane: "That is an enforcement action. You would have <br />to counter appeal and get an injunction. The Building Inspector <br />could take criminal action." (Ms. Lane detailed criminal action <br />procedures). <br />• Mr. Friel asked about the 14 days filing period and Ms. <br />