04/01/2009 PLANNING BOARD Minutes

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Ms. Sobolew I i then address a previous comment regarding precedent, she stated that this matter is particular, unique, and difficult situation. It is her position that,it was represented to the Applicant that they could reappear before.the Board with a modification he would not have originally appeared before the Board without a full representation of the Board. It is the position of the Applicant that significant changes have been made to the plan and that it merits consideration by the full Planning Board and they respectfully requested the Planning Board to accept,the modification as based upon its merits. Al wicket addressed the vice-Chairman stating that the purpose of the Planning Board is to e decisions and that to base a decision upon something that might happen in the future does not justify a proper decision. Planning Board decisions.should be based upon what is best for the Town of Mashpee, including those businesses affected in order to provide for tourism and the benefits of the public good. He feels that a 25-foot pedestrian walkway r is a significant improvement. He feels the Board should base their decisions on the facts at hand. Ms. Sobolewsl i clarified that Applicant's possible.appeal that will be filed will not be made in respect to this particular decision, but rather to respect to statements that were made and the reliance that was made on therm by the Applicant and how it worked to their detriment will be the substance of the appeal. t this point the slice-Chairman asked for a consensus.from the Board as to whether or not they are of the opinion that Applicant has provided significant changes to the plan to wArrant. Planning Board reconsideration of the previous vote: Dennis lzarrui — In favor of reconsideration. James Leonard—Opposed to reconsideration, Joseph Mullin—In favor of reconsideration. Al wiclel—In favor of reconsideration. Mary Waygan—Opposed to reconsideration. The vice-Chairman then entertained a motion for a Decision with regard to whether or not the Planning Board feels that specific and material changes in the conditions upon which the previous unfavorable vote was made. For further clarification he stated: "The new plans for South Cape Village submitted to the Planning Board at the April 1, 2009 Wednesday Meeting has shown enough changes to allow said plans to be resubmitted within tiro-years. The changes consist of a relocation of the loading zones and sidewalks have been widened on one side, resulting in four less parking spaces. This is a better plan."