Laserfiche WebLink
4 <br /> fit <br /> TF <br /> Consulting Engineer, Charles Rowley, arrived at the Meeting <br /> f � <br /> at this point, 7: 05 p.m. ) <br /> " . . Discussion <br />`• '• '' The Bornstein Company-windchime Point--Discussion of Phase I <br />� NOTE: Mr. Bornstein was in attendance, as well as two (2) <br /> interested members of the public. <br /> 400 y <br /> recognized Attorney Butler, who introduced <br /> ■ The Chairman recog y , <br /> himself for the Record a s r Pat Butler,er having resented the <br /> g represented <br /> Applicant through the Modification process. Attorney Butler <br /> further stated to be in attendance at the request of Mr. <br /> �z" <br /> Bornstein for the purpose of responding to issues pointed out in <br /> a letter received from. Mr. Terry Eldredge. <br /> 1 <br /> „!F•��� ,RIB Attorney Butler presented the Phasing Plan, as previously <br /> f •`' � presented to the Board, as a matter of reference. He indicated <br /> . w <br /> ;'ALI 41 the buildings shown in orange to be those which are not to be <br /> k, a �4M Specific provisions have been added to the Modification <br /> .1�k changed. Sp <br /> E� as it relates to appearances, aesthetics, and exteriors. <br /> jp <br /> Attorney Butler explained that issues raised in Mr. <br /> Eldredge' s letter to the Board were intended to clarify the <br /> status of the Special Permit Modification and of Mr. Bornstein' s <br /> purchase of the development rights in this project. He further <br /> stated there is a case pending in Barnstable Superior Court. At <br /> h the time of the approval of the Modification, the agreement <br /> 11 reached with the Seller/Owner of the property being that the <br /> agreement would be filed with the Town Clerk to be held in <br /> zE,�F escrow during the appealperiod, and to then be represented to <br /> the Planning Board for signature upon release from escrow. <br /> An agreement with the Owner of the property has been <br /> reached. As a result of said agreement, the Superior Court case <br /> will be dismissed and a Dismissal with Prejudice will be recorded <br /> w <br /> 40414 + with Superior Court, attested to by the Clerk of Courts, which in <br /> turn will be delivered to the Appeals Clerk and Planning Board <br /> k� Clerk. This action will represent a resolution of the <br /> «s litigation, <br /> The Chairman asked on behalf of the Board Members, the <br /> ' Y definition of "Dismissal with Prejudice. " Attorney Butler <br /> ' . 1,41 explained the Plaintiff in this matter would be prevented from <br /> M l � L <br /> �i�k# ��L ir ever bringing the same case again. <br /> P <br /> kill, Y� � '` Attarne Butler continued to explain he would be receiving a <br /> ��` deed from the Seller to the balance of the development rights <br /> �' ■ <br /> Ilk ' ' within this project, and the remaining rights associated with the <br /> which is to be recorded at the Barnstable Count <br /> ,. property, Y <br /> k ` If Registry of Deeds. It will be at this point he will seek <br /> Ab gyp. <br /> 14 k <br /> E fill <br />