01/19/2000 PLANNING BOARD Minutes

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details of the 1987plan, is authorized by the Special Pennit as long as the Planning Board reviews and approves the changes and determines consistency with the Laster Plan critenk Therefore, according to fir. Healey, a plan refinement approved by the Planning Boar consistent with the three Master Plan criteria is not a change to the Special Permit; it is an implementation of the Special Permit in the manner contemplated by the 1987 Special Permit. First 's the focus on the maximum number of housing units; reduction in the number of housing units and/or an increase in the amount of((Popen space, is anticipated by and allowed by the Special Permit, subject to Planning Board oversight and approval. Second is the maximum rate of development; the Special Permit allowed for variable rates of construction limited only by a ceiling. It inclined five phases of construction. In the event that units remain to be built beyond the fifth year, no more than a total of 68 units shall be constructed in any individual construction year until the completion of the project. Section 9.3 of the Mashpee Zoning By-Laws in effect at the time of the Special Permit was granted applies to Open Space Multi-Family Development; At least 0%of the total land area of such developments must be open space, which is defined to include golf courses. The intent is that the common mon open space be developed for reasonable outdoor recreational uses to perhaps include playing fields,tennis courts and golf courses. The 1987 l a hpee Zoning By-Laws (Mashpee Zoning By-Law Section 9.39 I anticipated the alteration of large-scale developments with the unanimous approval of the Planning Board. Three of the Special Permit modifications contain the following language: the boardfinds that the development as herein modified is to be constructed in substantial compliance with the requirer eats of the original Special Permit The board finds nds that the proposed revision is necessary to allow the applicant lo implement rts'plans for redeveloping and improving the project (Planning Board rnodif ication of Special Permit decision 5120192, Planning Board modification ofSpecial Permd decision 711,5192, card Planning oar modification o Special Permit decision 2117193). Similar language i found in each ofthe other Special Permit modifications. An amended-phasing schedule was included in modification#1 (6/17/93)to the Special Permit extending through April 1999. This modification provided for continued construction beyond 1999 in the event that construction has not been completed by that time. Modification#10 staged that in the event that units remain to be built, or lots remain to be released, beyond the seventh year,no more than a total o 50 units shall be constructed in any individual construction year until the completion of _ the project. Mr. Healey feels the Planning Board specifically included language that incorporates flexibility for plan refinements in several Special Pit modifications. Example#.I: No additional construction of` or brushing and clearingfor, new, relocated r enlarged gees,fairways or greens shall take price without written permissionfrom the Board of`ter review oftlansfor the proposed charge (PlanningBoard moth icafion of Special Permit decision 5120192). Note: The Plannng Board has already approved relocation of of the 18 holes of the golf course. Example#2. The densityplan is conceptual plan only and shall not control the location of specific is structures and may be modified with the Planning Board's consent as master plarzning for the Willowbend project continues (Planning Board mo rfication of Special Permit decision 2115195). Mote: The Planning Board approved the density plan in 1995 showing the maximum number of housing units, but otherwise reogniing the flexibility of future development plans. Mr. Healey stated that this language is strong, irrefutable indication that the 2