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MINUTES October 27, 194 5 BOARD OF HEALTH <br /> the property and they have made representations to the Planning Board and they have <br /> overturned open space requirements and developing other lots." "There's no question <br /> they are the developers." "Mr. Potts and Mr. Gill, originally relying on what they believe <br /> were the requirements setforth by this Board, are now confused as to why were these two <br /> new lots being developed and town water is not being required and it really coincides with <br /> what Mr. McQuaid said, that when original plans were submitted they were submitted <br /> with the fact that town water was going to be used." "I am sure it is a cost issue as to <br /> why Mr. Marsters wants to install wells." "My belief is the Board through the <br /> predecessor of the developer and has indicated to other residents in there that any new <br /> well in there would have town water." "Mr. Gill went to extraordinary expense to bring in <br /> town water." "At this point, I am assuming that the plans submitted the second time did <br /> not require any variances because no abutters were noticed relative to that." "Assuming <br /> that that was the case, Mr. Potts is looking for some answers as to why all of a sudden this <br /> has changed and why Mr. Potts, Mr. Gill and I believed was a condition of any new <br /> development in the Highlands subdivision is now being changed." <br /> Mr. Ball questioned Mr. Marsters, "On the deeds of these two lots are there any <br /> deed restrictions?" <br /> Mr. Marsters responded, "No." "There are protective convenants that are <br /> applicable to the subdivision excluding the two cul-de-sacs in question we are talking <br /> about." <br /> Attorney Kirraine stated, "It is my understanding that the property was developed <br /> by John Sullivan who was the original developer of the property." "It is my <br /> understanding that the Planning Board approved the plan, the Board of Health had the <br /> Opportunity to review the plan and town water was not a prerequisite to the development <br /> of the property at that point in time." <br /> Attorney Carter stated, "I don't think there was any town water back then." <br /> Attorney Kirraine stated, "Gill perhaps bought it in a distress sale from Sullivan <br /> and Sullivan was foreclosed on by U.S. Trust." "I am not sure whether or not it is a <br /> requirement that Mr. Gill, as a precondition to developing any of the property, install town <br /> water." "It is my understanding that Mr. Gill did bring town water into the development <br /> and that Mr. Gill afforded the owners of the property including the owners who live on <br /> this particular cul-de-sac the opportunity to contribute for purposes of having town water <br /> brought to their property and at that time chose not to do so." "In addition, just because <br /> Prime Properties acquired a number of lots from the bank, when the bank foreclosed on <br />