2005-DCPC DISTRICT OF CRITICAL PLANNING AND CONCERN

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Cape Cod Commission Section 11 (C) : a municipality may grant development permits if: Section C (2) a development has received approval as a development of regional impact within the seven year period next preceding the nomination of the geographic area in which said development is located, in whole or in part, and, such approval is still valid, or - Section C (3) a development of regional impact has been referred to - the commission for review prior to .the first published .notice of the nomination of a district of critical planning concern inwhich said development is located, in whole or in part, and subsequently is approved; or Section C (4) : a development is authorized by adevelopment agreement which has been approved by the commission and the relevant municipality or municipalities; or - - Section C (5) : the commission has not expressly found in accepting a nomination that the issuance of development permits for a single-family house or houses on lots held in common ownership or on lots in separate ownership may be substantially detrimental. to. the protection of the public . health, safety and welfare..._. _ Cape Cod Commission Act Section 23: ,The commission shall have the power after holding a public hearing pursuant to section five to grant an exemption, in whole or in part and with appropriate conditions, to any applicant from the terms and provisions ofthis act where the commission specifically finds that a literal enforcement of, the provisions of the act would involve substantial hardship, financial or otherwise, to the applicant and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the- intent or purposes of the. act. Cape Cod Commission Act Section 24 (a) : When a municipality or state agency makes a determination that an emergency exists and that a development is . .necessary for the immediate protection of the health or safety of the public, the municipality or state agency may issue a development permit to conduct such .emergency work notwithstanding that ordinarily such work would require a referral to the commission as a development of regional impact. Nomination form, Item #14: What classes or types of proposed development should be allowedto continue during the. consideration of the nomination because they will not be substantially detrimental to the area and the public health, safety, and general welfare, and will not compromise the purposes of the Act? Planning Board note: Under the Cape Cod Commission Act, Section ll (c) l, the Town may specify classes and types of proposed development under Item #14 that it determines should be exempt from the second moratorium period. 10