1974.07.05_TC_Minutes_Special
MINUTES: SPECIAL MEETING OF THE TOWN COMMISSION - July 5, 1974
• Mayor Gilday called the meeting to order at 10:00 A.M.
Present were: Mayor Gilday, Vice Mayor Joy and
Commissioners Clark and Bauer.
Absent: Commissioner Mumford.
Mayor Gilday read, attachment "A", notice calling for the meeting.
Representing S. A. Healy Company were Attorneys Carey and Swimmer.
Mr. MacDonald and Roy Simon were also an attendance.
Mr. Carey, (Carey, Dwyer, Austin, Cole and Selwood, P.A.) addressed
the Commission, stating that while their position was strong, and
this matter is in litigation, they desired to put an end to the
litigation and this was the purpose of the meeting. (A court reporter
employed by Carey was transcribing the meeting.) He advised that
his letter dated June 4 (attachment "B") had suggested a proposal;
however, a letter of June 11 was received rejecting it.
Mayor Gilday pointed out that the aforesaid letter of June 4, contains
incorrect statements in paragraph one, for which Mr. Carey apologized;
but, insisted that the Commission should be prepared to consider
and vote on their proposal.
None of the members of the Commission had a copy of the letter,
Mr. Carey was reluctant to give his copy for Xerox copies and insisted
that he read, paragraph by paragraph, the points of their proposal,
which he proceeded to do. Subsequently, copies of June 4 letter were
made.
Mr. Carey and Mr. Roy Simon, the architect, summarized the project
and their desire to use the building formulae under RM 40 but not
the density thereof. The plan, it was stated, is the same plan pre-
sented to the Town at the Holiday Inn on January 26, 1973. (Commis-
sioners Clark and Bauer were not on the Commission at that time, as
interested residents they did attend the meeting.) In response to
Commissioner Clark's question, "What is the zoning of Byrd Beach?",
Attorney Carey responded it was zoned RS-l, single family dwellings.
Mayor Gilday also. pointed out that the entire such area was originally
deed restricted.
Mayor Gilday suggested that the transcript of the meeting be given
to the Town. Copies of the letter of June 4 were given to each Commis-
. sinner for his review. The Town would consult with Attorney Klein
•
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NUTES: SPECIAL MEETING OF THE TOWN COMMISSION - Jul
in this matter. It may be that the meeting was improper and they
did not want to prejudice the litigation in process.
This was not satisfactory to Attorney Carey; how er, after a phone
call to the office of Attorney Klein, if he a oves, a tentative
meeting is scheduled for 1:00 P.M., July 2~.; 74. ?
APPROVED:
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•
ATTEST:
Town C~e~,3~
Dated
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