Laserfiche WebLink
•. "�I I Eil1 I'. <br /> exercised by the Declarant or its successors and assigns, which <br /> term for the purposes of this paragraph shall not include any <br /> - unit owner who has purchased units from the Declarant or any <br /> :.# other unit owner. <br /> Attorney Butler explained the phasing rights were goad for <br /> seven years; Fannie Mae has consented to an extension of those <br /> phasing rights for five more. The Planning Board has the power <br /> to grant a Modification of. the Special Permit; but as far as <br /> iffl,h�.! phasing, their ability to add units to the condominium under <br /> i Chapter 183A has been extended. Therefore Related Companies has <br /> that power and should the Applicant buy it, they could <br /> successfully, properly and legally (in his opinion) transfer that <br /> power to the Applicant. It also means that the unit owners and <br /> the trustees of the condominium have no legal authority or legal <br /> power to prevent the developer, if he is in conformance with the <br /> ` Special Permit and in conf ormance with the law, f rom adding the <br /> number of units that were originally approved, which would be the <br /> 170; if modified, less. <br /> Attorney Butler also pointed out his belief that the <br /> representatives who met with Michael Ford, Mr.Bornstein., Mr. <br /> Traczyk and himself between the last meeting (several times) <br /> had developed a document that adequately addressed all of the <br /> concerns as submitted. There was a meeting of the unit owners <br /> with their attorney, Mr. Traczyk and the other trustees this <br /> past week" and there was not unanimity in that agreement. There <br /> was also a correspondence from Attorney Ford indicating the unit <br /> owners wished to have no further dialogue and were not willing to <br /> -1 rant an consents. <br /> g Y <br /> Attorney Butler informed Board Members and condominium unit <br /> owners that he was going to put forth areas in which agreement <br /> f, had been met and are willing to have as conditions of the Special <br /> Permit. Attorney Butler said negotiations had been made in good <br /> faith on his part. He further pointed out the fact that he <br /> appears before the Board having worked diligently and in goad <br /> faith for several months, held numerous meetings and plan <br /> revisions at substantial expense in an effort to address concerns <br /> regarding the Site Plan and issues being presented at this <br /> Hearing. <br /> The Chairman recognized Eileen Prose at this point; she <br /> introduced herself for the Record as, Eileen Prose, Unit #10, <br /> representing all of the unit owners present and those unit <br /> owners who were not present. She confirmed the unit owners were <br /> unanimous in their decision to not go forward. Although their <br /> legal counsel is dealing with Fannie Mae, they take issue with <br /> the f act that it was not until seven (7) months of ter the <br /> _ expiration of the Special Permit, the letter was written. The <br /> ,..E unit owners feel the have "eve right in the world to object ect to <br /> ,= Y �"Y g 7 <br /> this, " for the following reasons: They did not state any <br /> objections at the last Hearing because they were viewing the <br /> proposed Plan for the very first time. The Plan did not and does <br /> not reflect all of the changes discussed. The Plan did not <br /> indicate what had been agreed to in principle. Unit owners <br /> decided to review the Plan and the Agreement they had been asked <br /> E <br />