10/17/2011 Annual Town Meeting - Laserfiche WebLink

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Development Agreement and to the Commission of its intention to amend or rescind the agreement by providing such parties and the Commission with a copy of the petition seeking such amendment or rescission. When the Town or Lead Community initiates an amendment or rescission, it shall provide notice, in writing, to all other parties to the Agreement. Where the Cape Cod Commission is a Participating Party, such changes may be authorized by the Cape Cod 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. Where the Cape Cod Commission is not a Participating Party, such changes may be authorized by 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. 3. Any Development Agreement may contain provisions further regulating its amendment or rescission."; In addition to the above amendments, capitalize the term "Development Agreement(s)"wherever it appears in Section 174-27.1; or take any other action relating thereto. Submitted by Planning Board Explanation: The Cape Cod Commission has amended its regulations (Chapter D) regarding Development Agreements and promulgated a new model zoning by-law with which Mashpee's current Development Agreement zoning by-law (which was based on the Commission's previous model by-law) must be brought into conformance, according to the Commission, in order for the Town to enter into Development Agreements. As the Planning Board, Cape Cod Commission and Mashpee Commons LP are currently in the process of preparing a Development Agreement regarding two proposed new sections of the Mashpee Commons development, this article has been submitted to allow the Town to continue participation in that process. The amendments consist primarily of minor language changes, with the exception of a revised definition of the purpose of a "Development Agreement", a new definition of "Participating Parties" and an entirely new process for "Minor" and "Major" modifications of an approved Development Agreement. The Board of Selectmen recommends approval by a vote of-0. The Finance Committee recommends approval. At its meeting on October 5, 2011, the Planning Board voted 4-0 to recommend approval of Article 19, provided that the following sentence be added to §174-27.1, Subsection L1.: Where the Cape Cod Commission is not a participating part, such changes may be authorized by a majority vote of the Board of Selectmen, after review and favorable recommendation by the Planning Board, as well as the appropriate vote or approval of all other parties to the original Development Agreement. Motion made to dispense with reading of article. Motion to dispense with reading of article passes at 8:44 PM. 24