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16 Great Neck RoadNorth <br />wlashyee, _Massachusetts o2649 <br />Mr. Oakley asked what the wetland looked like before it was a cranberry bog. Mr. Eddy will find <br />pictures. He exclaimed the goal would be to restore to a naturalized wetland system and <br />stream. Ms. Waygan would like Mr. Eddy to resubmit those photos. <br />MOTION: <br />Mr. Balzarini made a motion to continue the Public Hearing to a later time of 8:05P.M. <br />Seconded by Mr. Richardson. All in favor. <br />7:20PM (Continued from 08/02/2023) <br />Applicant: Southworth Mashpee Properties LLC <br />Location: Willowbend Permit Area <br />Request: Applicant proposes to modify the Willowbend Special Permit by amending <br />the condition limiting the number of bedrooms allowed in the project. <br />Currently Willowbend is allowed 853 bedrooms. Willowbend proposes to <br />remove this condition or increase the maximum allowance. <br />Chair Faulkner provided some back story. On July 31, 2023 a legal letterhead from one <br />Attorney Donald Pinto was forwarded to Attorney Patrick Costello, Legal Counsel for the <br />Town. An e-mail from the Town Manager was sent to Town Counsel where the July 311t letter <br />was in question and the governing authority wanted clarification. On August 22nd Chairwoman <br />attended a Zoom with Attorney Donald Pinto, Jack McElhinney, Troy Miller, and Town <br />Planner, Evan Lehrer. Attorney Pinto outlined his arguments and Town Counsel suggested a <br />formal request for the Planning Board to go into executive session to assert merits. The Board <br />met on September 20t" and agreed executive session was not happening unless there was a <br />written request. An exchange between the Town Manager and Chair Faulkner ensued on <br />September 21st, he was aware of the letter and there was push back from members of the <br />Board regarding ex parte communications and transparency of process. It was concluded no <br />executive session, as that would be premature. Ms. Faulkner wrote a memo to the Board on <br />October 18t" because of her appearance in that Zoom which could have been a violation. She <br />was asked to be present by Town Counsel. She listened to his arguments. The only time she <br />recalls speaking at all was in regards to the interpretation of the 853 bedroom cap. The <br />question remains, is it in accordance with density as a function of zoning or wastewater <br />capacity. No negotiations took place, she is a former officer of the court, and nothing resulted <br />from the August 22nd Zoom meeting, and her duty to act impartially remains intact. <br />Mr. McElhinney noted this is a hold up to the Cranberry Point project. This issue came up <br />many months ago and it's been a struggle to find a resolution. He appreciated the chronology <br />but the legal position from the July 31st letter was because there was a fundamental <br />disagreement regarding enforceability of the 1991 document. Bedroom count was tied to the <br />capacity of the sewer treatment in 1987 and as it exists today. DEP limitations have been <br />:l <br />