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1996-1998-APPEALS MINUTES
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1996-1998-APPEALS MINUTES
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think it ' s fair to say that there have been no permits issued <br /> pursuant to this particular agreement at this point in time. <br /> But, obviously we are very concerned about that. we don' t want <br /> to see if you will, the cat get out of the bag, permits pulled <br /> for some four hundred and twenty-five (425) or any number of <br /> dwelling units, uh. . . absent of full review by this Board <br /> and. . .and what in our agreement would be uh. . . addressing in full <br /> the Water Commissioner' s concerns of the public water supplies . <br /> Uh. . . that ' s the real short uh. . .version of our presentation. <br /> Uh. . . I . . . I hope I 've explained our positions. If I haven' t, I 'm <br /> certainly happy to respond to questions that the Board might have <br /> or any clarifications . And I would like permission, once uh. . . <br /> Kenmark gets to my office, hopefully tomorrow morning, to give <br /> you copies of all of these documents. Because I do think you <br /> have to look through them, uh. . . in order to get a sense of how <br /> this all came together. Uh. . . and with that I apologize, I had <br /> hoped that they would do that tonight (inaudible) . <br /> Uh. . . thank you, Madam Chairman. <br /> The Chairman recognized Attorney Fox for the purpose of <br /> making his presentation. <br /> Attorney Myron J. Fox: Mr. Chairman, Members of the Board. <br /> My name is Myron Fox, I represent New Seabury Company, that has <br /> a. . .a direct interest in this because it is a signatory to the <br /> agreement modifying restrictions of ' 95 that was signed by the <br /> Selectmen. <br /> Needless to say, we take a very different view of the law <br /> than. . .than uh. . .Mr. Henchy does and we in fact agree with <br /> uh. . . the denial of public request for the water District that was <br /> made by the Building Inspector. The water District had requested <br /> to you uh. . . that you do a number of things . One, that any <br /> building permits that have been issued be revoked. You can' t do <br /> that because there' s no permits that have ever been issued under <br /> that . Uh. . . it ' s. . . it ' s . . . it will be quite a while before any <br /> permits are. . .are requested. So therefore, the Building <br /> Inspector denial of that request of the. . .of the Water District <br /> uh. . . should be upheld. Secondly, the. . . the water District is <br /> asking that the 195 Modification Agreement uh. . .be rescinded <br /> because it was not uh. . . approved by you folks. Uh. . .again, to <br /> reiterate, in 1990 the Town Meeting of Mashpee authorized- - <br /> directed the Selectmen to uh. . . to allow the moving of those units <br /> by signing an agreement with New Seabury Company. And. . .and some <br /> years later in 1995, that agreement was signed. Uh. . . this <br /> procedure of doing it in that fashion uh. . .was. . .was approved by <br /> Town Counsel in 1990, who was different than current Town <br /> Counsel . Uh. . . and still that same procedure was upheld by the <br /> current Town Counsel in. . . in it ' s. . .uh. . .as I understand from <br /> (inaudible) letter that . . . that was written to the Building <br /> Inspector in 1995 . And keep in. . . in. . . in 1971 there was another <br /> -5- <br />
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