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Tony explained if the Board appeals it now, it is on a basis of <br /> law - subdivision law. <br /> The applicant can come to the Board with a double barrelled plan <br /> as a new submission but the zoning won 't be protected . They <br /> want the zoning protected . <br /> Tom said it would be quicker to appeal this decision now . If you <br /> vote on the new plan , then it must go back to the judge and they <br /> can appeal that decision . <br /> Pat said town counsel 's letter states she is relying on an <br /> "unpublished" case. What does that mean? <br /> Tom does not know. <br /> Pat suggested the judge may not be familiar with that case. <br /> Tom explained if the Board appeals the procedural issue, it goes <br /> to court and they rule on that . If the ruling is against L.he <br /> Town , then it goes back to land court judge and the Board will <br /> then be in the same position they are in row. - probably to review <br /> the double barrelled road . <br /> Pat does not see a down side to appealing this decision . <br /> ** Pat made a motion to appeal the land court decision to <br /> remand the Merganser case back to the Planning Board . <br /> Tana seconded the motion . All members were in favor 5-0 . <br /> Tom will call Town Counsel and tell her of the Board ' s decision . <br /> The Board will send a letter to Town Counsel explaining the Board <br /> voted unanimously to have Town Counsel appeal the land court <br /> decision to remand the Merganser case for review back to the <br /> Planning Board . This decision is based on the information <br /> provided to the Board from Town Counsel in her July 6th letter. <br /> ** Pat made a motion to close Executive Session . Dennis <br /> seconded the motion . Tony was in favor , Richard in <br /> favor, Dennis in favor , Pat in favor and Tana in favor. ** <br /> 2 <br />