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w r <br /> Don Scholl, 1 Pacific Avenue, who asked for explanation of <br /> the Board decision In this matter. The chairman advised Board <br /> action would be clarified. <br /> There being no further Board of Public conment, the Chairman <br /> stated the question before- the Planning Board is jurisdictional . <br /> Zoning Board of Appeals/Planning Board, the Special Permit dates <br /> back to 1973, 1975, and 1980 . Applicant has decided to appear <br /> before the Zoning Board of Appeals for verification that the plan <br /> reviewed this evening, dated 1975, is the official plan of <br /> record, and what is allowed/permitted under Special ermi-t <br /> granted by the Zoning Board of Appeals. <br /> The Town Planner qualified the question at hand is whether <br /> or not this is a modification that would required a modification <br /> of the Special Permit. There is no question it is a Zoning Board <br /> of Appeals permit. <br /> MOTION: Dennis Bal arini made a Motion to continue the <br /> Public Hearing in this matter to August 7, 2002, at : oo p.m. <br /> which Motion was seconded Richard Terry and so voted unanimously. <br /> Release of Performance Guarantee <br /> Stephen Giatrelis - Nicolettals Way Subdivision <br /> The chairman determined Applicant was not present . <br /> The consulting Engineer reported loam and seed has yet to be <br /> completed in drainage areas and underneath the pine trees. There <br /> is substantial work to be completed. <br /> The Board agreed this matter should be continued at the <br /> Planning Department ' s discretion. <br /> Discussion <br /> windchie Point Development corporation <br /> indchime Point Condominium - Great Neck Road South <br /> The Chairman declared the matter to be discussion of Phase <br /> III . The Board requires recorded open Space Deed prior to <br /> discussion. <br /> The chairman recognized Mr. Bornstein who made reference t <br /> the, status of the Deed. <br /> The Town Planner explained a Deed has been received signed <br /> by Mr. Bornstein and the Trustees. Upon review by Town Counsel <br /> authorization of the signatories was raised. Documents <br /> establishing the Trust have been requested for verification prior <br /> to recording of said Deed. <br /> Mr. Bornstein stated he has complied with all Deed requests <br /> by presenting said signed Deed. <br /> _ - <br />