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April 5 - Town of Falmouth

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have been conscientious are already protected. You can give them more<br />

protection; this needs more work; it’s not ready.<br />

Can I have the next slide. We’re all set.<br />

The last thing I want to say is I have no – I don’t gain anything<br />

on this. I already won. I ended up out <strong>of</strong> this process with probably having<br />

the best neighbor that you can imagine. The developer, believe it or not,<br />

went under. The property was foreclosed and sold by the bank and I<br />

ended up with if you were going to design a neighbor and person that<br />

owned the property, it would be the person who lives next door to me:<br />

young pr<strong>of</strong>essional. I mean, I just came out <strong>of</strong> this, you know, ahead much<br />

more than where we thought we would be. I have nothing to gain in this<br />

except I would like to see this done right.<br />

I would like to trust the Board <strong>of</strong> Appeals that they’re going to<br />

do the job that Mr. McNamara said that they would do. But, in our case,<br />

when we tried to introduce the evidence that he’s talking about in terms <strong>of</strong><br />

the findings on that particular property, they said, “No, no, no, no, this is<br />

about a dormer. It’s not about zoning use. We don’t do that kind <strong>of</strong> thing.”<br />

We allege 12 mistakes in the Land Court. We had the case<br />

decided simply on this issue <strong>of</strong> law. I could have had all 12 <strong>of</strong> those issues<br />

decided. We didn’t do that. We agreed to have final judgment enter and<br />

then the ZBA took it up to the Appeals Court. The expenses for the case<br />

are over, unless <strong>of</strong> course the ZBA takes the course to the Supreme<br />

Tinkham Reporting<br />

(508) 759-9162<br />

1-<br />

49

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