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Joan lose, resident but not an abutter to this area. She feels uneasy about the apparent conflict <br /> -and does not think monetary contribution should be on the table; it is inappropriate to use that <br /> towards making this decision. She hopes the Planing Board will look at-only the open space <br /> issue when making their decision. <br /> Mr. Smith, lives across the street-from these proposed units. when he bought,was shown a plan <br /> for 155 units and was never told units would go across the street. open space should be kept a <br /> .It is. <br /> Mr. Farrell,.'resident,requested the Board deny this request to use open space no matter what the <br /> condo board feels. That decision was made by 7 people without balking to each unit owner. This <br /> is not worth- 90,000. <br /> Mrs. Snyder responded the Board of Trustee was elected and empowered to represent the <br /> homeowners without approval form each unit for every action. They consulted an attorney-and <br /> were told them actions were proper. <br /> Beverly Dane has reviewed-the,1988 special permit. Finding#1 states according to site design <br /> over 46 acres-of open space will be permanently restricted with a 100 foot buffer zone. <br /> Condition H: 46.2 acres of open space as shown on the site plan will be permanently restricted an <br /> kept in its natural state; any clearing is prohibited. <br /> She.asked if the Board has taken any action since 1988 to amend this condition? Tory said they <br /> have not. The Board has allowed extension of time to construct the treatment plant and transfers <br /> to the new owners. <br /> Dan Meyer.said it was mentioned there was a change to the open space for the treatment plant, is <br /> that correct? Tom thinks that change may be referring to a violation of the special permit to <br /> create the access road to the plant. <br /> II,rIr. Dawley said that change was approved by the Planning Board. <br /> Dick Terry suggested that since.this compromise happened at the 1 l' hours on Saturday should <br /> the homeowners be given time to review and discuss it` He would be resistant to shove <br /> something down the throats of the residents if they don't want it. <br /> Mrs. Snyder said large number of people in Stratford Ponds are in favor of this new proposal,. <br /> y <br /> Dennis thinks the Board should move on this issue. He feels it is illegal to use the open space. If <br /> they can fit the units in without using open space, that is acceptable. <br /> Beverly feels.the Board is treading on dangerous ground to set a precedent here; she is not in <br /> favor of developing the open space. <br /> ** Beverly made.a motion to deny the applicants' request for a special permit <br /> modification.based on the requirement that th .open space be permanently restricted, <br /> as referenced in condition H of the.special permit.. Dennis seconded the motion. <br /> Discussion <br /> Don said a critical issue is whether the Board has the authority to take action effecting the open <br /> space or not- it is a critical issue to resolve before taking a vote. He would like to get advice <br /> from town counsel. F <br /> Dick asked if the Board would want to d it even if it was allowed? <br /> 4 <br />