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` own of MaSh ee AannWa Boarcl <br /> 16 Great Neck Road North <br /> Mashpee, Massachusetts 02649 <br /> What legal authority does the DA have? Does it stand in place of a DRI review? What is the end <br /> product, what does it get everybody? What authority does the Town or developer have to change <br /> zoning or change anything in the confines of their development? <br /> Ms. Senatori noted there are a variety of ways we can structure this. What makes the most sense is <br /> having a joint hearing in the beginning, everyone hears the same information. Then separate into <br /> paralleled tracks resulting in bodies getting back together and agreeing on certain findings and <br /> comfortability with language, then it is endorsed by Commission and the Town. The Select Board is <br /> signatory to the agreement. The DA is in place of DRI, exceeding a mandatory threshold, gives all <br /> parties the opportunity to comprehensively look at the whole picture. It vests development rights for the <br /> length of agreement with the legal standing of a contract. If at any point the Town or CCC were to find <br /> this was no longer serving the best interest of either party, they could retract participation. There are a <br /> couple sections within the DA for modifications, minor and major, under the amendment and revision <br /> section for any changes that need to be made. <br /> Ms. Senatori is happy to provide a draft copy of the rules and regulations for the DA. The Town already <br /> has the local bylaw. <br /> Mr. Cotton says it would make sense that the Planning Board continue with their discussion on zoning. <br /> CCC will work on their comprehensive plan with joint communication, and both tracks will move forward <br /> with discussions. He would like to work collaboratively so the Planning Board does not get left out. He <br /> would hate to see a comprehensive plan down the road with zoning guidelines that were never agreed <br /> upon. <br /> Ms. Senatori agreed they will take in all the information the applicant is submitting. They will be able to <br /> hold public hearings and look at the RPP and Cape Cod Commission Act while the Town look at the <br /> application as well. There are opportunities for joint hearings and meetings, it doesn't need to be <br /> discussed tonight, but an outline of that process will be helpful at some point. <br /> Mr. Phelan acknowledged the Planning Board is not strictly dealing with zoning changes, but also what <br /> the final project will look like. For him, a parallel track in looking at zoning and the plan itself at the same <br /> time is important. What will the zoning need to be to support that plan? He would like to have a broader <br /> look and not just focus on zoning. <br /> Mr. Balzarini would like the comprehensive plan signed in hand before bringing to Town Meeting. <br /> Zoning changes and the DA should be presented all together whether it be in March or October. <br /> Ms. Senatori referenced the rescission section within the regulations. Amendments need to be ratified <br /> by all parties to the agreement, no one party can make changes without the other two agreeing. <br /> Ms. Waygan said once zoning is in place it's in perpetuity unless there is a sunset clause. Zoning will <br /> die unless it goes back to Town Meeting. The DA is a contract, you can put what you want in it, and <br /> 6 <br />