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to modify. Mr. Dennis B asked what the town is losing in revenue with a <br /> reduction of housing units? Mr. Butler stated that part of the DRI ling.included a fiscal <br /> analysis of the comparison. Isis. Lane asked the willowbend representatives ghat were <br /> standards that applied., if, for example, Willowbend appealed the Planning Boards' <br /> decision' Mr. Healey responded""Is it in harmony with the Special Permit and in the best <br /> interests of the town"? Ms. Lane stated one of the questions the ward must ask <br /> themselves is what are the standards, what are the conditions for a yes vote. what was <br /> recited by willowbend, in Ibis. Lane's opinion, is very soft, very discretionary. Mr. <br /> 1 lc lhinney said they know they have to bring a project before the board that works;they <br /> have petitioned signatures from the vast majority of immediate abutters. Mr. Dorgan <br /> asked"What if the board agrees,but jurisdiction is not decided'? Ms. Lane answered <br /> that all jurisdiction doers is allow the board to decide. Ir. Butler responded that the two <br /> applications before the CCC equal what is before the Planning Board. Mr. McEthinney is <br /> asking the board to consolidate the two permits. The plans have been filed today under <br /> the new by-laws. Mr. done asked if the red area(outside Special Permit)would come <br /> under modification#1 The answer was yes. Mr. Malone then asked"`Why can't the <br /> board deal with it"? Per Ms. e2 the special Permit has expired. Mr. Malone then <br /> asked"isn't the freeze to prevent this from happening"' Per Ms. Lane, if he Special <br /> Permit is changed more than just"a little bit",you lose the protection of the Special <br /> Permit. Mr. l ialone wondered who determines what is`lca little bits'? Ms. Lane <br /> answered, the court decides if there is a dispute. Mr. Malone indicated he was troubled <br /> by two issues; 1 fairness and 2 legal issues. The fairness issue is that the board <br /> proceeded in good faith the 18 previous modifications and the board should abide by the <br /> Town Counsel decision. Mr. Balzarini things it is still up to the board,regardless of what <br /> Town Counsel says. Mr. Malone believes if the board proceeds with modification 919, it <br /> would be unlawful per the Town Counsel. Ills. Lane responded that no one i .expected to <br /> or ready to give a answer. Ms. Dane agrees with Mr. Malone. Mr. Fuda.la asked if <br /> the board could split offthe green area holes of golf) and not impact the rest of the <br /> project? Mr. Healey indicated on the issue of legal advice,the answer will follow the <br /> question. Ms. Lane stated there would be no decision tonight. `Mr. Dorgan indicated a <br /> compromise would be in order. Mr. Malone asked is freeze still being applied and that <br /> that is fundamentally a legal question. Mr. Healey believes the Special Permit is still in <br /> effect; what is authorized under the Special Permit. some things are within the scope of <br /> the original project and there is a narrow band of changes allowed. Ms. Lane stated if the <br /> Planning Board wants to take than position, it wouldn't be challenged. Mr. McElhinney <br /> thinl-s getting the principals-from one board to another would be desirable. Ms. Lane <br /> suggested rezoning may be the best way to go, fixing the zoning by-laws. Mr. Butler <br /> believes the other issue with regard to the I RI application is whether the project is in <br /> confor ance. That will be decided by the CCC. Mr. Butler suggested attorneys begin <br /> discussions with each other. Mr. l icElhinncy believes changes are allowed under the <br /> Special hermit for Willowbend. Mr. Healey will talk with Ms. Lane. <br /> Motion to Continue Public Hearing /2 00 @ :00 PM <br /> Ilion: Dennis alarinl Seconded: Matt Malone <br /> Vote: 4-0 Unanimous <br /> 6 <br />