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r+r <br /> ,•r <br /> f�l' <br /> windchimes, and Quashnet Rivers for example)are distinguished from willowbends? 1 <br /> Mr, McElhinney stated that town counsel is ruling on a issue of state law, which if the <br /> town adopts that position, how will other things that have gone on in town be reconciled? <br /> Mr. Butler stated that there have been multiple modifications of other condominiums in <br /> the past and that willowbend should be grandfathered. Mr. McElhinney asked"where <br /> does willowbend go from here on a townwide basis"? Mr. McElhinney referred to <br /> Mashpee Commons, as an example,of substantial project on a virtually identical permit. <br /> Mr. Fudala disagreed with that statement, indicating that Mashpee Commons has a <br /> special permit from the Board of Appeals. Mr. Fudala feels this is a major change to the <br /> SP. To which Mr. Healey responded that the Planning Board makes the decision and this <br /> request is not inconsistent with the original intent of the SP;the board should decide. <br /> At this point(7:30 PM), Mr. Malone asked for a S minute recess so the board members <br /> could read the modifications to the SP along with the SP itself. Mr. McElhinney asked <br /> to read modification#55 issued 5/92, paragraph S that dealt with redoing the 1 oth hole <br /> and putting crossings across the road. In condition#S, no additional construction, <br /> brushing, or clearing for new, relocated, or enlarged tees, fairways, or greens shall take <br /> place without written permission from the board after the review, of plans for the <br /> proposed change. Mr. McElhinney suggested that others in town do not have to worry <br /> about this problem as they have"magic language"of some sort. Mr. McElhinney <br /> believes this language gives the board clear authority. Mr. Fudala responded that letter <br /> was a response to those items having been done in violation of the permit by Mr. <br /> St.Thomas at willowbend without permission. Mr. Kuchinski called a recess at 7:31 PM F' <br /> so the board could read the SP and modifications. �. <br /> Recess at 7:30 P <br /> During the recess,Mr. Fudala passed out a memo with a history of the willowbend <br /> Special Permit. Mr. Fudala gave a copy of the original town counsel letter,dated 8/9 to <br /> the board members. <br /> Reopen at 7:S0 PM <br /> Mr, Balzarini expressed some confusion about the difference between a major and or <br /> change. The Planning Board has jurisdiction over minor changes;the board also decides <br /> whether a modification is minor or major. Mr. McElhinney strongly feels their <br /> modification to the SP is a minor change, giving the board jurisdiction to approve, since <br /> the open space is to be used for a golf course with lesser impact,thereby making it a <br /> minor change than the housing already approved. Ms. Dane thought a major change <br /> would require a public hearing, not whether it is a good change. Mr. Fudala stated the <br /> town counsel is not differentiating between major and minor changes, only what zoning <br /> applies. Town counsel feels this change should be under current zoning, not the 1.9g7 � <br /> pp g g <br /> zoning. It is definitely under the Planning Board's jurisdiction,but may fall under #- <br /> current zoning. Mr. Healey indicated he used those terms because town counsel had used <br /> the terms major/minor in response to Mr. Healey's letter. He agrees that what zoning <br /> IRR� f a <br />