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16 Great Neck RoadNorth <br />wlashyee, -Massachusetts oz649 <br />Ms. Waygan emphasized this was a 134 unit mistake. She really wants to see what their <br />power is and she would like to speak with Town Counsel. People who bought this land had <br />lawyers that looked at this. How this slipped through she is unsure. Town Counsel feels the <br />cap was a zoning issue not wastewater capacity. <br />Mr. Balzarini asked what is to be gained. We have given them 22 modifications. He doesn't <br />understand where his fellow member is going or what the gain is for all the pushback. <br />Ms. Waygan answered that this lot of land to be developed, without this Special Permit it is <br />under current zoning, but trying to expand into Cranberry Point with the special permit they <br />can have up to 12 units because they are using 1985 zoning. Who gets to use that? They <br />should use current zoning. That special permit has a growth mechanism in it, it froze the <br />bylaw in place. Our bylaw has changed over 2 decades. You're not supposed to use 1985 <br />zoning forever. She would like to defer to Town Counsel about it. If people have purchased <br />development rights that aren't real, that's a huge problem. Is this in our jurisdiction? <br />Ms. Faulkner asked about the Special Permit and how certain areas fall under its orbit. <br />Mr. Lehrer stated our current zoning has a provision to allow any multi permitted project to <br />expand, you specifically authorized the use of zoning criteria, that's what the Town has <br />adopted. <br />Ms. Waygan noted you have to maintain all conditions under that Special Permit. This project <br />is not abiding by their conditions. You cannot annex land into a Special Permit. There is no <br />mechanism to go forward on this. <br />Ms. Faulkner asked what the Board will do after the closing of this Public Hearing. <br />Mr. McElhinney repeated his request to withdraw the application without prejudice. These <br />issues need to be resolved in another forum. <br />MOTION: <br />Mr. Balzarini made a motion to accept the applicant's withdraw without prejudice. <br />Seconded by Ms. Waygan. All in favor. <br />Ms. Waygan followed up that she would like to see Town Counsel respond to this and she <br />would like the documents in public record and on the website. <br />Mr. Lehrer agreed that in the event of an appeal, the record is concise. <br />