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i <br /> by the Act in the Regional Policy Plan. <br /> Mr. Besse stated his understanding this parcel is a part of <br /> the open Space, due to the fact they are all connected to the <br /> sewer treatment plant, they no not provide a detrimental nitrate <br /> loading effect, which would indicate the area in question is not <br /> as sensitive. Mr. Besse made reference to the Plan, indicating <br /> sections of land that had been originally designated as <br /> development parcels which have now been returned to the open <br /> Space area in the net amount of 4 .5 acres. Making reference to <br /> the particular parcel of land being removed from the open Space }; <br /> area as 3 .37 acres, results in a net increase of open Space. Mr. <br /> Besse' s rationale being a proposed net decrease in units and <br /> increase in open Space result in both maintaining the integrity ; <br /> of the Bylaw and the original Special Permit. Addressing the CCC <br /> being a separate issue. <br /> The Chairman determined that either the Applicant or the <br /> Planning Board is entitled to address the CCC for a Judgment. <br /> The Town Planner inquired of Attorney McElhinney, whether or <br /> not the open Space has been put into permanent Deed restrictions <br /> as required by original Bylaws and Statute. <br /> Y <br /> I <br /> Attorney McElhinney responded, "Yes. " The Town Planner E <br /> further inquired how the Deeded, restricted open Space could be <br /> subdivided. <br /> I. <br /> Attorney McElhinney responded, the Declaration of <br /> Restriction reserves the Right to exchange one for another, <br /> subject to Planning Board approval . <br /> (There was some discussion among Planning Board Members. • <br /> references to the Plan were made, noting the proposed concept to <br /> be different from the original Plan. ) <br /> The Assistant Town Planner noted that although the proposed <br /> Y <br /> lots are to be connected to the sewer system, an increase of <br /> impervious surface will be created which does not necessarily <br /> decrease impacts should be a consideration, is <br /> The Town Planner clarified the position of the CCC is that <br /> the proposed construction remain within the footprint of the ; <br /> developed area and not infringe onto the open Space. <br /> 1 <br /> (There was brief discussion regarding the quality of open +{ I: <br /> Space, wildlife and vista values. ) { <br /> i <br /> The Town Planner made reference to the density issue by <br /> notingthe Master Plan does indicate a higher number of units <br /> , <br /> relating to the Site Plan as allowed by the Permit. He inquired <br /> as to the disappearance of approximately sixty (60) units. <br /> 3_ <br /> t <br /> i'I <br />