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They would rather resolve it in other ways rather than bring <br /> a suit. <br /> Mr. Davis corresponded with Town Counsel in May of 19^09 <br /> explaining the facts. Mr. Reardon' s response is that he <br /> agrees with Mr. Andrade ' s position this is a case the Town <br /> Clerk should sign and if they went to court they would win. <br /> They should try to resolve it. <br /> Mr. Davis stated that they do not want unnecessary <br /> litigation. Therefore, they would propose to submit <br /> a covenant and to offer lot 9 under 3 year no build <br /> moratorium under state statue. In return they ask - the Board <br /> to indicate to Jane Labute that she has the right to sign <br /> this plan as a constructively approved plan. <br /> Judy stated that one reason for denial was the lots falling <br /> under the Cam Electric easement and all 'open space is under <br /> Com Electric easement. <br /> Mr. Davis stated that they are not here to ask for approval <br /> or agree that it is a good plan, they are just trying to get <br /> done what the law says should be done . They are offering <br /> some compromise . <br /> Since the Planning Board did not approve this plan they are <br /> not in a position to demand the 3 year no build moratorium. <br /> Judy asked if Jane Labute signs the plan, can we rescind our <br /> approval? <br /> Tony stated that the Planning Board never approved the plan, <br /> don' t know if it can be rescinded. <br /> Tony stated that the problem is the principal reason for <br /> denial was inadequate open space which is the weakest <br /> component of subdivision regulations (for 40A subdivision) . <br /> Mr. Winn stated that case law shows you cannot demand the <br /> applicant to donate land to open space. <br /> Tony stated that the open space has been preserved for 3 <br /> years already. <br /> Judy asked if Jane Labute signed it now, does that mean you <br /> have another 4 years on the grandfathering? <br /> Mr. Davis stated that it would be from date of endorsement. <br /> The Board would to discuss that issue with Town Counsel <br /> when the applicant' s protection started running. <br /> Pat stated that he is surprised nothing could be worked out <br /> especially during all the years it was sitting and he <br /> doesn' t see them offering very much in return for what they <br /> are asking. <br /> Over those years there is a new understanding about -living <br /> under power lines , it is a health and safety issue. Today <br /> it is part of the subdivision rules and regulations . <br /> 4 <br />