Following the Planning Board’s Thursday night decision that the Hospitality, Recreation and Entertainment District would need to be approved by two-thirds of voters, the Notos Group — the Quincy-based developers behind the proposal — released a statement implying the question was not yet settled.

At Thursday night’s meeting, Town Planner Ken Buckland read a letter from Bowen to the board. Bowen wrote that, following extensive discussion with various state officials, he came to the conclusion that the district required approval by two-thirds of voters.

If the district was passed by a simple majority at Saturday’s Town Meeting, Bowen said he was confident the Attorney General’s office would overturn the decision.

Bowen said part of his decision came down to a lack of clarity in state guidance. A recent FAQ document released by the state, he said, was “generalized to the point of inaccuracy.”

In a statement, Thomas O’Connell, the founder and managing member of the Notos Group, said that it “remains unclear whether a majority or two-thirds vote will be required for passage of a proposed rezoning at Saturday’s Special Town Meeting.”

In the statement, O’Connell claims that the procedural issue has not yet been resolved. 

If between a simple majority and less than two-thirds of voters vote in favor of the district, it will not be approved unless the state overrides the Planning Board’s decision. O’Connell claims that if the number of “yes” votes is in that range, it may still be possible for the zoning proposal to pass “when the state settles the vote margin question.”

It is unclear what O’Connell means by that.

All Town Meeting actions are reviewed for their legality by the State’s Attorney General, but it is unclear if that is what O’Connell is talking about. It is unclear if the Notos Group will pursue legal action if the vote falls in that margin between a simple majority and two-thirds approval.

It is the town’s position that if the article fails to be approved by two-thirds of voters, the article will be defeated.