6/28/2018 PLANNING BOARD Minutes

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MOTION: Mr. Balzarini made a motion to submit this Article to the Board of Selectmen for inclusion on the October 2018 Annual Town Meeting, as amended. Mr. Kooharian seconded the motion. All voted unanimously. A recess was taken at 7:55 p.m. The meeting reconvened at 8:10 p.m. The first and second portion of the meeting was recorded in two separate files, Form-Based Code by Mashpee Commons/Mashpee Commons by Design-It was confirmed that the Form-Based Code proposal was located online at MashpeeCommons.com/future and on their Facebook page. Russell Preston represented Mashpee Conimons and thanked the Board for the opportunity to participate in a special meeting. Mr. Preston viewed this meeting as a working session to address questions about their draft Form-Based Code. Mr. Preston stated that they planned to review the document with the Planning Board, as well as refine it through the summer, and will also make it available online to receive public comment,believing in the value of community involvement. The intent of the proposal was to create a predictable path to craft a specific Master Plan to present to the Planning Board. Mr. Preston stated that initial conversations occurred to determine a logistical approach that became Mashpee Commons by Designs. Some of those conversations were with Mr. Fudala, and Mr. Preston stated that the Planning Board's Article was not feasible for Mashpee Commons. Open space as mitigation would not allow the project to work. Mashpee Commons was attempting to create a path forward that they felt would be feasible from a development standpoint and in the best interest of the Town and community. Form-Based Code was considered the best practice in zoning. Mr. Preston indicated that there may have been procedural mis-steps but they wanted to move forward collaboratively and talk through all questions, concerns and comments. The Planning Board determined that they wished to work through the document page by page, (p.I-1) ARTICLE 1: GENERAL STANDARDS-Applicability-It was not clear whether the use of"Ordinance"was appropriate and the statement"All departments, boards, and authorities of the Town of Mashpee must comply with the procedural requirements of this Ordinance" should be reviewed by Town Counsel for its appropriateness. 1. (p.1-2) Code Instructions-B.1 Meaning &Purpose-Article Definitions should be 8,not 7 3. (p. 1-3)Authority& Compliance-B Compliance—The Chair inquired about the use of "permitting authority" and Mr. Preston confirmed that a number of words utilized required clarification with the Town to confirm appropriate terms. The Chair stated that it should be Special Permit Granting Authority. Mr. Preston responded that the FBC would be a stand- alone chapter in Mashpee's Bylaws. The Chair responded that they were considering it as an insert to their recommended Bylaw. Mr. Preston reiterated that it would not work for their project. The Chair recommended that Mashpee Commons reconsider the possibility as the best way to be added to the October Town Meeting, and stated that she was not supportive of wiping out the underlying zoning for Mashpee, increasing the liability of the Town,by the removal of protective zoning developed over a number of years. Vanessa Farr, representing Mashpee Commons with prior experience as a Municipal Planner, stated that she had assisted with the zoning pieces of their FBC. Ms. Farr noted the Planning Board's concern that FBC could not be adopted due to Massachusetts Zoning Act, but confirmed it could be 10