09/07/1993 BOARD OF SELECTMEN Minutes

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was submitted as a petition article for the special Town Meeting to deal with the High School in December, the project's chances would apparently be marginal, Waiting for next May would kill the project. Although I are well aware that the deadline for submission of articles passed on August 9, this proposal is submitted for your consideration with the intent that ,you may consider it sufficiently attractive to forego the formalities and place it on the October warrant, Because rezoning to -2 would allow not only the proposed uses but long list of commercial use which may have a much more negative impact on the town , I would strongly recommend that the proposed zoning article be approved at Town Meeting only if the owner has, by then,, recorded a deed restriction on the property restricting the rezoned land to the uses proposed and the remaining land to municipal or other non-profit agency use. The deed restriction would be conditional on the approval of the zoning change by Town Meeting and its language should be wormed out jointly between the owner, Selectmen, Planning Board and Town Counsel so that all issues- are properly addressed. The third item which I would recommend would be some sort of irrevocable recorded agrement to donate the portion of the land which is not re -zoned to the Town of Mashpee or to some other government or non-profit agency chosen by the Board of Selectmen. The font of such an agreement would closely involve assistance from Town Counsel. The reason I suggest such an agreement rather than an outright deed to the Town Conservation Commission at this point is that it is probably easier to make such a document conditional on the re -zoning vote b Town Meeting and because it. allows us some time and flexibility to review all of the possibilities with regard to the use, ownership and management of the property. r# Sullivan is -scheduled to meet with the Planning Board at 7:00 on Wednesday, September 1 to discus-s the proposal. You are invited to attend for more information on the. project direct,ly from the p ropo.nent , However, as the Planning Board's public hearings on zoning articles are scheduled for September 22, meaning that the public bearing notice must be published in the Enterprise on September 7, (the date of the next scheduled Selectmen's meeting), I would appreciate some indication by September 2 of the Board members, initial response to the proposal and the request to place the necessary article on the October warrant. Given a favorable initial response, I would place the necessary Planning Board ad for the seventh, If the article was not formally placed on the warrant when it is finalized, no harm wil-1 -have been done and the hearing on the article can be cancelled. Please let me know if you require any additional input regarding this issue and whether or not the Selectmen wish to place the necessary article which 1 can prepare on the October warrant. x cc: Planning Board Peter Sullivan 4D