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MINUTES October 27, 1994 6 BOARD OF HEALTH <br /> Mr. Gill, doesn't qualify Prime Properties as the developer of the subdivision." "He just <br /> happened to buy more than one lot." "They bought the lot, they didn't buy the road." <br /> "They don't own the roads." "They don't have the right to cross over any individual lot <br /> owner's property for the purposes of installing town water." "The offer has been made to <br /> the property owners, including Mr. Potts as I understand it." "He would be more then <br /> happy to bring water into that cul-de-sac if each owner along the cul-de-sac who would <br /> take advantage of the opportunity would have town water brought in and they will share <br /> in the cost of doing that and provide the labor in conjunction with doing that and share the <br /> cost." "It's my knowledge that they're are no variances required in this particular instance <br /> for the installation of wells on these lots." "There are no regulations which require, if <br /> town water is available, that town water be brought to a particular piece of property." "I <br /> believe the Board was well within its rights to grant the appropriate permit for the <br /> installation of the well in this particular instance because there is no requirement to my <br /> knowledge that town water be installed and there has been no request for any variance <br /> relief that might trigger a request by this Board to install water on these two vacant <br /> properties." <br /> Mr. Potts stated, "As far as the reference to taking over the development and not <br /> owning the roads, they took over the Association and open space which they went to <br /> other Boards to have developed as well." "We have been homeowners for five years and <br /> were lead to believe and told by the Health department that you would have any new <br /> construction hooked up to town water." <br /> Attorney Carter stated, "I don't think there is any question in my mind that Prime <br /> Properties is not the developer in this project." "They have taken over the Association <br /> and they control what goes on in that subdivision." "They owner the majority of the lots <br /> in there." "They advertise as the developers." "I believe town water was a precondition <br /> relative to new construction." <br /> Mr. Marsters stated, "We don't own the Association." "We control five votes." <br /> "The two streets Windermere and Oxfordshire are not members of the Association." "The <br /> Association does control Dover Road." "I don't control the Association." "I have five <br /> votes right now." "I can easily be outvoted in there." "The access that is in question, <br /> Windermere, is not owned by the Association." "It is private property." "The residents <br /> on that road own to the middle of the road." "We did check the deed." <br /> Mr. Potts stated, "When we were purchasing at the closing of the house Mr. Gill <br /> indicated that their wasn't any Association and that he was forming one." "He indicated <br /> that we would be grandfathered so that we may come as members of the Association but <br /> we would not be as new members of the Association and required to pay." Mr. Potts <br />