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The Board can condition that they do. <br /> The Board looks for safety, line of site, engineered detail that <br /> it is built properly. <br /> Charlie suggested they have a preliminary plan prepared and the <br /> Board can review that and discuss it. <br /> Applicant: Ron McGaffigan <br /> Location: Route 151/Old Barnstable Road <br /> Request: Signature of 27 lot cluster plan. ' <br /> Tony Ferragamo stepped down on this issue. <br /> Mr. Ron McGaffigan was present. He presented a interpretation of <br /> zoning from Attorney Michael Dunning regarding the permit for <br /> this property. <br /> Tom explained Town Counsel 's (Joe Reardon) opinion is 4 lots are <br /> protected, not the entire subdivision . <br /> The Board reviewed the plan presented. <br /> There are 13 driveways on Old Barnstable Road. <br /> Tana stated Old Barnstable Road is better served with the open <br /> space in the front and the lots in the back. <br /> Mr. McGaffigan stated, without this special permit, they can get <br /> 11 lots on Old Barnstable Road, with 2 acre zoning. <br /> The legal opinions are in conflict. The Board may want to get an <br /> opinion from the new town counsel . There will not be a <br /> definitive answer on the legal issues tonight. Attorney Dunning <br /> been strongly in favor of the opposite opinion over the years. <br /> Mr. McGaffigan asked the Board for comments on the plan as <br /> presented, would they approve a plan of this type? They intend <br /> not to put in 72 townhouses and have gone to this plan . <br /> Tom stated the key issue is to get the lots and driveways off of <br /> Old Barnstable Road and make them internal . , <br /> Tana stated from a design point of view it is not the best plan. <br /> Richard agreed. <br /> They discussed changes which could be made to the plan, to the <br /> roadway system. <br /> Tom reminded them any plan over 5 lot needs a water quality <br /> monitoring study. <br /> Tom will seek another opinion from Town Counsel regarding the <br /> zoning protection <br /> The applicant will return on August 4th. <br /> 7 <br />