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community and would be in harmony with the general purpose and intent"of the bylaws.A copy <br /> of the 1980 Modification is attached here as Exhibit D. <br /> 20. The 1980 Modification extended the Special Permit subject to ten changes and <br /> conditions. Condition No. 3 of the 1980 Modification stated as follows: "The project shall be <br /> phased at least over a five-year period,but not exceed more than ten years. Not more than one <br /> hundred four(104)condominiums,but no less than fifty-two (5ZI Condominiums in one year. <br /> Not more than forty-six (46) single-family houses in one year."(emphasis in original). <br /> 21, Under condition No. 10, the Building Commissioner was to keep track of the <br /> schedule referenced in paragraph 3: "If the requirement cannot be met,the permit can be <br /> considered in default." <br /> .22. Thereafter,the 1980 Modification was further modified. For example,on June 3, <br /> 1981,the Board voted to waive the minimum unit development requirements for the years 1980 <br /> and 1981 (the"1981 Modification").A true and correct copy of the 1981 Modification is <br /> attached as Exhibit E. <br /> 23. By 1982,the first phase of construction of residential units had begun. By 1983 <br /> the back nine holes were completed, and by 1984 the entire 18-hole golf course was open for <br /> play. Construction for the golf course's clubhouse began in mid-1985 and the clubhouse was <br /> opened in 1986. <br /> 24. By deed dated November 27, 1985, and recorded in the Barnstable Registry of <br /> Deeds,Book 4826,Page 068,the Trust acquired the Property, <br /> 6 <br />