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+ <br /> ~ <br /> Executive Session -2- 10/4/95 <br /> Mr . Mitiokostas said the Board can deny the plan on both issues <br /> Of subdividing open space and the length of the road, and let the <br /> court decide. Chairman Ferragam'` Fudala will ask Town <br /> Counsel if there' s the ability to divide open space and can the <br /> Board give subdivision approval with a notation that they' re not <br /> buildable lots as it ' s subject to a special permit on a previous <br /> plan. He said the road can' t be built and the lots can' t be sold <br /> to anyone. Chairman Ferragamo said the Board can inform Mr. <br /> Sullivan of this and then ask him if he wants to withdraw the <br /> plan. <br /> Mr . Mitiokostas suggested shooting Mr . Sullivan down with the <br /> first issue and then add the issue of the road length. <br /> Chairman Ferragamo instructed Mr. Fudala to relay to Town <br /> Counsel : 1) if the Board is going to deny the plan, is it <br /> preferable to Town Counsel that they deny it based on Town <br /> Counsel 's motion in her memo of September 10; 2) make Town <br /> Counsel aware of the other factors involved - the front yard <br /> setback and Great Hay Rd. issues; 3) ask her to write the motion; <br /> 4) ask her if there's anything that states you can't subdivide <br /> On a MOTION by Mr . Coffey and SECONDED by Mr. Balzarini <br /> it was unanimously voted by roll call vote of Mr . <br /> Coffey, Mr . Balzarini, Mr . Ferragamo, Mr . Mitiokostas <br /> and Ms. Meijering to reconvene into public session at <br /> 9: 10 P.M. <br /> Respectfully submitted, <br /> Sandra L. Peters <br /> Board Secretary <br />