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4 <br /> • <br /> Tom said there is no history of,any other project in Ilashpee where the open space was <br /> xdeveloped. There have been 2 attempts,the Board denied both. <br /> PublicComment: <br /> Jinn Wharton of Nutter McLennon and Fitch representing Northland. He disagrees with Torn <br /> Fudala's interpretation. Torn suggests the developers gave up those units but the Planning Board <br /> action Mates: "by site plan approval"which refutes that. There have been two other instances <br /> when the Board has modified the boundary line at this project in order to accommodate the <br /> treatment plant. <br /> They are asking for a modification of that provision of the special permit- the site plan. The <br /> Board can modify an existing special permit any way they deem appropriate. There is nothing in <br /> the 1988 bylaw to prohibit that and nothing in the special permit to prohibit it. <br /> If the homeowners association wants to put a.conservation restriction on the open space when the <br /> project is complete, them that open space cannot be touched. <br /> It is his opinion that what Northland is asking is legal and appropriate for the Board to consider. <br /> Dennis said it is his opinion that in order to build the remaining 13 units, they must fit within the <br /> boundary of the-open space. The way it is now designed, they do not fit. <br /> Attorney Wharton asked the Board to seek opinion of town counsel as to ghat is a modifiable <br /> and ghat is not. <br /> Ben Sorrel, Attorney representing Ir..and Mrs. John Uninger.. They own the last unit before <br /> these proposed new buildings. Upon purchase of his unit, representation was made there would <br /> be 152 total units and would be no development in that area because it is open space. He was <br /> shown a plan of future development in other areas. They relied on these representations by <br /> l ortW nd. Mr. Sorrel's client is greatly effected by this proposal. <br /> Attorney Jennifer Roberts representing 5 homeowners who are not in favor of this proposal. She <br /> does-not want to repeat what Tom Fudala has already said. The first Boding in the 198 8 special <br /> permit states: permanent restricting over 46 acres of open space. Condition H: 46 acres of open <br /> space shorn on the site plan shall be permanently restricted. <br /> It was clearly the intent of the ZBA in 1988 to make sure open space was permanently restricted. <br /> It is her opinion the Board sloes not have the authority and if they do allow this it is setting <br /> precedent for other projects in this town. <br /> Cecile Snyder, Chair of the Board of Trustees explained they have had negotiations with <br /> Northland and conditions have been agreed to including a monetary contribution to the <br /> homeowners association. They are aware of the opposition. There was a petition circulated and <br /> many people said they signed it out o "neighborliness" but did not care about this proposal one <br /> way-or the other. <br /> She presented the Board with a petition of 60 signatures in favor of this new proposal. <br /> Dennis asked who the monetary contribution was to' <br /> Mr. Snyder said to the community of Stratford Ponds. <br /> Dick Terry asked homer she felt about the open space beingviolated? When you bought into-this <br /> community did you take that into consideration? She did not tape that into consideration. <br /> She can sympathize however, because she was told land behind her was conservation and-now <br /> she has a neighbor! -However,the Trustees must think of the impact of all unit owners is all <br /> sections not just one. The Trustees weighed the pros and cons for the whole development. She <br /> is not a lawyer however and cannot speak to violations to the special p n nit. <br /> 3 <br />