10/15/2018 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

the approximate number and type of residential units proposed for development within each area. J. Development in phases. A Mixed-use Planned Development may be subdivided, developed and constructed in phases according to a phasing plan approved by the Planning Board as part of the MPD Special Permit. As part of the application for approval of each phase, which shall be considered a Special Permit Modification subject to approval after an advertised and noticed public hearing, the applicant shall submit, at a minimum, those items required under Section 174-24.C.3., as well as those required by the Town of Mashpee Planning Board Special Permit Regulations in effect on the date the Special Permit Modification application is made (except as may be waived by the Board). Any proposed subdivision of lots and construction of roadways within each phase shall also conform to the Town of Mashpee Rules and Regulations Governing the Subdivision of Land in effect on the date the subdivision application is made (except as may be waived by the Planning Board in furtherance of the provisions of this Section). Should the MPD not be proposed for development in phases, the items required above shall be submitted for the entire project with the MPD Special Permit application. K. Expiration and extension. Should the Special Permit expire under the provisions of the General Laws and this By-law, there shall be no effect on the ownership and location of any open space or agricultural areas for which title has passed and any conservation or agricultural restriction which has been recorded as of the date of expiration, nor on the allowed acreage of developed area and number of allowed bedrooms originally approved under the provisions of this Section related to said open space or agricultural areas. Both may be utilized in any re-application for a new Special Permit under this Section. Pursuant to the provisions of the General Laws, the Planning Board may also determine that the Special Permit may remain in effect past the statutory expiration date if it determines, after a properly advertised and noticed public hearing, that the required substantial use or construction has not begun by said date for good cause and determines that there is a reasonable justification for the extension, that the developer is acting in good faith regarding the provisions of the MPD Special Permit and that there will be no adverse impact on the public health, safety and welfare or on the town's environment and natural resources. L. Development within phases. After the approval of the MPD or any phase plan by the Planning Board, development may proceed within said MPD or phase in conformance with the approved plan and the Form-based Design Code referenced below, without further public hearings by the Board (except in the case that the applicant requests a modification of the text of the Special Permit or phase approval decision). Such development shall, however, be subject to approval by the Board at a regular meeting, after review and recommendations by the Plan Review Committee, to ensure conformance with the master plan, the provisions of this Section and the approved Special Permit, as well as other public safety, health, building code, handicapped accessibility and similar Town or state codes or regulations. In addition, all roadway, parking, drainage and utility designs and construction shall be subject to the normal review and inspection procedures and fees specified in the Planning Board's Special Permit Regulations (and Rules and Regulations for the Subdivision of Land, as 25