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S ecial Permit <br /> Applicant. Dolphin Bay Corporation <br /> Location: off Noisy Hale Road adjacent to Sea Oaks. <br /> bequest: Continuation of review of Special Permit <br /> Application. <br /> Review of the Special Permit will be called simultaneous to <br /> the definitive at 7 :0o on January 17th, <br /> Discussion <br /> Johns Pond Estates - James Circle. <br /> Joseph DiMartino and Judith Barnett were present. They <br /> explained to the Planning Board that because the State <br /> requires a HOP project to make a 15% profit, they must <br /> increase the number of units at James Circle to 17 (which <br /> will provide them with a 17% profit) . <br /> They had a new plan prepared. The density will now be 1 . 3 <br /> units to the acre. Because they are now doing a 40B <br /> application, it will under the purview of the Zoning Board <br /> of Appeals. <br /> Tom stating that the representatives from James Circle and <br /> the Selectman are meeting on Monday at 4:30 to discuss this <br /> further. <br /> Paul Somerville Shellfish Warden <br /> Mr. Somerville was present to discuss the possibility of the <br /> Planning Board taking over zoning by--law Subsection 63I9 . <br /> He explained that it is logical for this to be a Planning <br /> Board matter since the Harbor Management Plan is within their <br /> scope. He stated that this by law has a very strong <br /> environmental aspect to it and he is totally frustrated with <br /> the ZBA because they seem to have no concern for the <br /> environmental aspects . The Shellfish Warden's opinion is <br /> supposed to be given some respect and consideration and he is <br /> not receiving it. <br /> Tony stated that he is most concerned with what is the most <br /> constructive thing to do. He stated that there is no <br /> dispute that this is a Planning Board matter, especially <br /> since they have access to an engineer and to the Town <br /> Planner. The Harbor Management Plan and Waterways is a <br /> planning issue in this community and needs proper planning. <br /> It is the Board's opinion that this is under the Planning <br /> Board purview and they have no problem taking on this <br /> responsibility. <br /> A public hearing on this issue will be held on January 24th <br /> at 6 :45. <br /> .� 3 <br />