1996-1998-APPEALS MINUTES - Laserfiche WebLink

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issue the twenty-sixth permit and then we can bring in the Plan and see if that ' s germane to. . .to that particular uh. . . appeal . But I feel right now that that. . . this Appeal is strictly the Building. . . the Building Inspector' s decision to issue permits uh. . .and to be able to mod. . . to uh. . .rescind the Modification. And at this point I don' t think that this map particularly is. . . is germane to the situation. I mean that ' s my. . . that ' s my feeling. Attorney Henchy: No. . . I understand, sir. I mean, I obviously respect your opinion. The Modification Agreement purports to be an amendment to the Special Permit . It contains within its four corners findings by the Board of Selectmen that the Modification of the number of allowable units in Section 5 from twenty-five (25) units up to four hundred and twenty-five (425) is deemed by the Selectmen to be in substantial compliance with the Special Permit . Uh. . . it ' s our view that the Board of Selectmen don' t have the authority to make that determination. It ' s our view that the Board of Appeals and only the Board of Appeals has the authority to make that determination. The Chairman: Let ' s put this into the record. Attorney Henchy: Thank-you. The Chairman: Ah. . .yes, Chris . Christopher Burden: Uh. . .Chris Burden, New Seabury Company L. P. Uh. . . I 'd just like to make a couple comments uh. . .uh. . .one on the Plan. The um. . .Special Permit references a Plan with two foot contours and I don' t believe this uh. . . Plan has any contours at all . Uh. . . the next uh. . .uh. . . item that I 'd like to uh. . .point out is that the uh. . . the Vote references registered land acreage shown on a Petitioner' s Plan uh. . .on the Cluster Zoning principle. Uh. . . that suggests that it ' s the acreage as a whole. The next thing is that uh. . . the Special Permit could have referenced uh. . .all twenty-nine Sections. It referenced no Sections at all and so I . . . I . . . this is the first time I 've seen this Plan, but this does not look like that Plan that ' s described in the uh. . .uh. . . the Decision. The Chairman: Can I say that, again Chris, my feeling is that this isn' t even to that point. Chris Burden: I un. . . I understand. The Chairman: I don' t know if you know what I 'm talking about. Chris Burden: I do know what you're talking about. The Chairman: And. . . and we' ll take. . . if you've got -6-