10/17/2011 Annual Town Meeting - Laserfiche WebLink

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Amend the title of Subsection H. to read "Limitations on, and duration of, Development Agreements"; Amend Subsection H.2. by adding the words "of Chapter D" after the words "Section 7" in the fourth sentence and replace the first sentence in its entirety with the following: "A Development Agreement will commence upon the date of recording of the certificate(s) by the Clerk of the Cape Cod Commission or by the town clerk(s), as appropriate, and terminate as agreed by the parties, in writing, except as otherwise provided in this subsection and section 5(q) of Chapter D of the Cape Cod Commission Regulations of General Application, as revised."; Amend Subsection H.3. by adding the words "or Participating Party" after the term "Qualified Applicant"; Delete Subsection I. in its entirety and replace it with the following: "I. Amendments and Rescission. A Development Agreement may be amended or rescinded by petition of a Participating Party as provided below. Requirements for hearings, notice, costs and filing and recording of the amendments and rescissions of Development Agreements shall be followed as provided in sections 5 and 6 of Chapter D of the Cape Cod Commission Regulations of General Application, as revised. 1. Minor Modification: Amendments that are de minimis changes or technical corrections, as determined by both the Commission and/or the Planning Board (or the appropriate body in the Lead Community if it is not Mashpee) may be made without following the notice and public hearing requirements provided in Sections F and G above. Where the Cape Cod Commission is a Participating Party, such changes may be authorized by the Regulatory Committee of the Commission and a majority vote of the Board of Selectmen, after review and favorable recommendation by the Planning Board, as well as by the appropriate vote or approval of all other parties to the original Development Agreement. 2. Major Modification: When the Cape Cod Commission is a party to the Development Agreement, any party to the Development Agreement may petition to amend or rescind the Development Agreement. The Participating Parties may petition to rescind the Development Agreement; the Cape Cod Commission may petition to rescind the Development Agreement only in the event of failure of consideration. Such petition shall be made in writing, and shall state in detail the petitioner's reasons for amendment or rescission. The petitioning party shall provide notice to all parties to the Development Agreement. When the Commission is not a party to the Development Agreement, any other party to the Development Agreement may petition the Town or Lead Community to amend or rescind the Development Agreement. The petitioning party shall provide notice to all parties to the 23