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years into the year 2000 . Now, any position other than that <br /> means, quite frankly, that a Town (not this Town, any Town) is <br /> free to play with somebody for years, refuse to sign documents, <br /> refuse to give somebody the thing they are entitled to and then, <br /> sit back and say. "Gee, your time period ran out, what a shame. n <br /> There is no way that these Statutes are intended this way, y <br /> Whether. . .whether it ' s a Subdivision control Statute or chapter <br /> 40A, there is no way that those Statutes are interpreted this ' <br /> way. And there is not a case that (inaudible) . <br /> t <br /> Now with regard to the Covenant, the 1986 Plan which I have <br /> not seen. . . I have never seen it, but as I understand it there' s <br /> a. . . there' s a term on there that says that there will be <br /> y � <br /> Covenants recorded with the Plan. That phrase, or that language, <br /> I am going to assume existed on the Plan that was first. . .on the <br /> day the Plan was first submitted to the Planning Board because it s <br /> would have been Chris Costa' s usual drafting of a Plan to include <br /> that, because that would be the usual way that the Plan is going � . <br /> to be approved.. But this Plan never followed w <br /> pp o ed any usual process. k� <br /> Now had the Planning Board done it the right way back in 186, T1 <br /> there would have been Covenants, but it didn' t do It the right <br /> way, so there aren' t covenants. And the question now becomes one <br /> i of, f there were covenants in 1986 when this Plan was ,4� <br /> constructively granted, please show them to me. " ' <br /> Chance Reichel asked under what conditions the Town Clerk <br /> was enabled to sign the Plan in 1992 that would have prevented <br /> her from signing in 1986. <br /> F <br /> Attorney McLaughlin stated the Plan had not been signed in #. <br /> 1986, although it should have been, but for the interference. <br /> 1 <br /> The Town Planner asked for clarification of "the <br /> interference. " He noted there i �� <br /> s no evidence of anybody � <br /> instructing the Town Clerk not to sign the Plan. <br /> The chairman recognized Kevin Andrade. <br /> �a <br /> Mr. Andrade: "I ' ll explain the interference. I presented <br /> a letter from Mr. Davis to the Town Clerk for constructive. . . f� <br /> constructive approval. She looked at the letter, she looked at <br /> at her file and said, "I don' t have anything. " She picked up the � <br /> phone, she called Tom. Tom ran down the stairs with a Memo in ka <br /> his hand, which is in this file that I was just given <br /> here '. . . tonight here. with a Memo stating that the Planning Board <br /> denied the Plan for lack of open space.. And h "Don' t <br /> p p e told her, <br /> ` sign the Plan, they took a. . .they voted this, they denied it. k <br /> Don' t sign i t. " ,r <br /> The Town Planner-Mr. Fudal a. I . . . I said no such a thing. � <br /> I delivered the Board' s Decision to the Town clerk, period. " <br /> Mr. Andrade: "okay Tom, I 'm not going to argue with you. ' <br /> 9 r- ' <br /> [.4fF <br /> a !1 <br /> t.. <br /> �k <br /> f <br /> �r <br />