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2005-DCPC DISTRICT OF CRITICAL PLANNING AND CONCERN
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2005-DCPC DISTRICT OF CRITICAL PLANNING AND CONCERN
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Mashpee_Meeting Documents
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PLANNING AND CONSTRUCTION COMMITTEE
Meeting Document Type
Minutes
Meeting Date
12/31/2005
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or a statement of the secretary of environmental affairs that the <br /> . environmental impact report adequately complies with sections sixty-two to <br /> -sixty-two H, inclusive, of chapter thirty, and which development is <br /> 'constructed or is thereafter constructed in substantial compliance <br /> therewith. <br /> Section 22 (c) : The provisions of this act shall not apply to the grant of a <br /> development permit by a municipality or state agency for: <br /> the repair, upgrade, change, alteration or extension of a single family <br /> dwelling or an accessory structure, septic system or water well relative <br /> thereto, if such dwelling existed prior to July first, nineteen hundred and <br /> eighty-nine, unless such upgrade, change, alteration or extension is greater <br /> than twenty-five percent of the floor area of the dwelling. <br /> Section 22 (e) : This act shall not apply to: <br /> a lot or lots shown on a subdivision plan endorsed by a planning board prior <br /> to July first, nineteen hundred and eighty-nine, in accordance with section <br /> eighty-one V of chapter forty-one of the General Laws, if the planning board <br /> has released the security held by it to ensure completion of construction of <br /> ways and the installation of municipal services, as required by section <br /> eighty-one U of said chapter forty-one, prior to the effective date of this <br /> act. <br /> In addition, the County's DCPC regulations, (Chapter E, Ordinance 90-15, as <br /> amended) specify that Certificates of Occupancy for which all other municipal <br /> permits have been received may be issued during this first moratorium period. <br /> During this first short-term moratorium time frame (up to .45 days,) the Cape Cod <br /> Commission reviews the proposed nominated areaandthe reasons for its nomination. <br /> After this review, the Commission must either reject the nomination, or accept it <br /> and proceed with a full public review. <br /> • If the Commission rejects the nomination request, the DCPC is ended, and local - <br /> permit-granting authority is restored. <br /> • If the Commission agrees to accept the nomination request, it is on that date <br /> that the short-term moratorium period comes to an end, and the second <br /> moratorium period begins. The second moratorium- period continues in effect <br /> until the implementing regulations are adopted by town meeting vote. <br /> • During the second moratorium period, local permitting authority continues to be <br /> suspended, <br /> EXCEPT THAT THE TOWN CAN SPECIFY ON ITS NOMINATION FORM (UNDER ITEM <br /> #14) A LISTING OF DEVELOPMENTS IT WISHES TO BE EXEMPTED DURING THIS <br /> SECOND MORATORIUM PERIOD. <br /> Please note that the following developments are exempted from the Cape Cod <br /> Commission Act and therefore are exempted the second moratorium period. <br /> Cape Cod Commission Act Section 22 (b) This act shall not apply to any <br /> development which prior to July first, nineteen hundred and eighty-nine has <br /> received any one of the following: <br /> 8 <br />
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