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it to a f 0%change; therefore, using the successive screen theory, willowbend would <br /> move to a with what Mr. Healey describes as`rocomp licated language". At the and <br /> lines, the 9 holes would conform under current zoning. Mr. Healey reasoned that <br /> willowbend could be approved under d using the old zoning standards(the original <br /> standards under the special permit). Mr. Fudala responded that the old"stuff'was under <br /> the old zoning. Le., the 9 holes would be under the golf course zoning, with flexibility set <br /> into it with regard to wetlands setback. The Planning Board has no problem with the <br /> 40 open space; the 9 holes will conform to the new zoning. Mr. McElhinney,General <br /> Counsel for willowbed, stated that he was told in August 1999 the golf bylaw would not <br /> apply to Willowbend by a number of different people. Mr. l icElhinney feels they <br /> conform to the current zoning which-is flexible. Mr. Healey sued he was sorry for the <br /> confusion; he feels it's always better for the board to have more discretion not less. In <br /> agreeing with Ms. Lane, Mr. Healey felt that there is nor ay any of the special permits <br /> constrain, ultimately, the discretion of the board to make decisions. <br /> Additional public Questions <br /> l�d Baker,voter&taxpayer asked what is a residential unit referred to in the original <br /> version of paragraph Mr. Fudala responded by reading, from the bylaw under <br /> dwelling(there was no definition of a"residential unit")that a unit-is"any room or suite <br /> of rooms forming-a habitable unit for one family with it's awn cooking and food storage <br /> equipment, it's own bathing and toilet facilities, and it's own living, sleeping and eating <br /> areas wholly within such room or.suite of rooms", A bedroom count does not apply but <br /> would be defined under the special permit. Mr. Baker asks if the bylaw expands the <br /> authority to apply old zoning laws, Mr. (, organ responded the llanning. oard assumed <br /> authority it didn't have. Mr. Baker felt this bylaw submittal allowed willowbend to use <br /> 'own Counsel to amend a bylaw. Mr. Fudala stated the town boards use town counsel. <br /> Also, any big stuff comes under new zoning, current projects under old zoning. In <br /> paragraph f , residential was changed to dwelling. Mr. I uchinsld indicated that in <br /> paragraph f, residential/dwelling units cannot be increased thereby not increasing the <br /> number of bedrooms. Mr. Fudala concurred, adding that the board could add something <br /> about wastewater flow. Mr. Fudala also stated that many permits do not refer to <br /> bedrooms or wastewater flog capacity. Mr. Tong Ferragamo, architect for Willowbend, <br /> had a comment relative to paragaph a in that the Planning Board needs flexibility to <br /> change from residential to.golf course} also,to take golf course and freeze it doesn't ring <br /> trine. lair. Ferragamo bl ies t hem needs to be a stipulation for not new uses. her. <br /> Fudala responded that he-doesn't believe a 0% increase in use is a minor modification. <br /> Mr. Kuchinski stated he felt the amendment as-submitted and changed is a good blueprint <br /> and should be submitted to the selectmen by 14 00 as planned. Mr. Bonvi, representing <br /> Southport asked the board to stay away from bedrooms. Mr. Dorgan indicated he <br /> thought Mr. Ferran- 0 s comments made.sense. Mr. Malone asked what the specific <br /> change in paragraph d , 6th line, was that was requested by Mr. Healey. Mr. Healey <br /> responded"or increase the land area covered by the special permit by 1 on o or"allow <br /> any use not authorized by the original special permit". Also, fir. Healey, suggested in <br /> paragraph e , Yd line, "conformance with the applicable provisions of the zoning bylaw <br /> to the maximum extent practicable by the Planning Board('. Mr. Fudala believes these <br />