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1 1 <br /> ti <br /> Chairman John Kuchinski: The P l a f, }nn�ng Board has some mayor technical issues <br /> that the meeting started out with: The Town Counsel letter and the Cape Cod <br /> Commission iurisdictional review. Mr. Kuchinski suggested waiting until a sense <br /> of what the legal ground is for this development. Willowbend can either request a ` <br /> continuance or withdraw without prejudice until this is resolved. The issue of <br /> whether or not this is legal must be decided. <br /> Mr. McElhinney stated that that was a pretty basic question. Mr. McElhinney <br /> asked Willowbend can communicate directly with Town Counsel. <br /> Town Planner, Tom Fudala requested an opinion letter from Willowbend to the <br /> p . . <br /> Town Planner,to schedule subsequent meeting(s)to resolve legal questions with <br /> Willowbend General Counsel and Mashpee Town Counsel. <br /> Mr. McElhinney thought that was a verygood idea but should include Mash <br /> g pee <br /> Commons and anyone else who has an interest. A1r. McElhinney feels this is a <br /> questions of state law. He wondered why, at a previous meeting, a zoning article` <br /> p g� g <br /> that will be before Town Meeting, it was stated would have nothing to do with <br /> Willowbend development. Mr. McElhinney feels Willowbend did not have due <br /> process in that all special permits should be under a grandfathered statue. <br /> IIW�,',syf f[n <br /> Chairman John Kuchinski wants to be sure everyone understands the law. The <br /> board honestly felt that there would be no impact to Willowbend. s. <br /> kf'. <br /> Mr. McElhinney requested that the Sl 10/99 letter from Town Planner, Tom Fudala <br /> and the Planning Board response be a part of the minutes. He also requested a A' <br /> copy of the tapes following the public hearing of the zoning article. <br /> Town Planner, Tom Fudala stated that Town Counsel indicated Willowbend <br /> cannot do the project at all because the are not a Not For Profit organization. <br /> Y g <br /> Town Counsel also stated that Willowbend must come under new zoning <br /> regulations. <br /> Planning Board, Matt Malone: believes situation can be worked out. <br /> Public Comments- <br /> Theresa Cook, Abutter: prefers new golf course, called Willowbend a good <br /> neighbor and was pleased with all that they have done for the town of Mashpee. <br /> GIs. Cook asked if the golf course is not approved, will Willowbend go back to <br /> the plan to build houses. <br /> 9 k <br />