4/6/2011 PLANNING BOARD Minutes - Laserfiche WebLink

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Process and Schedule-Mr. Fudala reported that Mr. Newton had recently attended the Affordable Mousing meeting where they adopted a ds-affof the Affordable Housing Plan. The Chair inquired whether a date could be set for the drag to be considered by the Planning Board and Mr. udala responded that the PB had already considered the goals and objectives. New Business Development Agreement Bylaw Chairman waygan noted that the Planning Board had proposed the Development Agreement Bylaw but that it had not been placed on the warrant. Correspondence has been received from Selectman Richardson and the Town Manager regarding the proposed changes to the Development Agreement Bylaw. Mr. Fudal stated that the changes to the Bylaw were recommended by the Cape Cod Commission.due to their adoption of a new model bylaw and rlashpee was required to be in compliance with their new model bylaw. Iristy Senatori, of the Cape Cod Comrnissior� advised that an emergency_bylaw would be necessary in order to remain in compliance with the Cape Cod Commission and provided the recommended changes. Ms. Senatori has since informed lis. Irian that the Article could be considered for the October Warrant. Doug Storrs has expressed his disappomment that the emergency bylaw had been removed from the warrant but Mr. Balzarini noted that ircould be reconsidered for October. Chairman waygan requested that the Planning Board take a step back to consider the deficiencies in the existing bylaw. The Chair further noted that model bylaws were often available to assist communities but that the model bylaws were not required to be accepted verbatim and inquired about the ways in which the Commission thought that the bylaw was deficient in respect to Chapter D. Mr. Pudala responded that the Commission reviewed the bylaw word-by-word and suggested the changes. Nor. Pudala further stated that the resulting edged bylaw draft had been approved by the Commission as being consistent with their new model bylaw. There was discussion about a process for modification, which was less clear in the existing bylaw. Chairman Waygan sued her preference that things be changed as little as possible and did not wish to make changes as a resift of a particular project. Decisions-and regulations must be made prior to when projects were presented to the Board. The Chair expressed her preference that the bylaw be changed as fiWe as possible, focusing on-the deficiencies highlighted by the Commission. Mr. Petersen agreed and inquired about being in the middle of the process when the bylaw was changed and whether the rule in place should be utilized rather than a neva rule. Mr. Mllin stated that it would be open to interpretation and could'be grandfathered if it was shown to already be in place. Chairman waygan indicated that a letter had never been received from the Cape Cod Commission that h1ashpee could participate in the Development Agreement, but that the Board was advised verbally. The Chair noted-that it was after Mashpee Commons submitted their Notice of Intent that Ms- Senatori advised the Planning Board to comply with their model bylaw. .The Chair expressed her preference that the Planning Board be advised of the deficiencies in the bylaw. Mr. Fudala reiterated that the Cape Cod Commission marked up AUshpee's bylaw. Mr. Petersen recommended that a letter be requested from the Commission in order to more clearly define their position and their recommendations. fir. Fudala stated that the Planning Board had already been through the process and agreed to an adopted Article that hard been added to the Warrant. The Chair agreed with Mr. Petersen and emphasized her preference that changes to the existing bylaw be limited and that the Commission provide documentation highlighting the deficiencies. Board members also agreed that if the Cape Cod Commission approved of the