6/28/2018 PLANNING BOARD Minutes

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adopted like any other zoning bylaw. Ms. Farr indicated that their FBC draft would call out sections that would be applicable, and under the parts of Massachusetts zoning laws it would enable FBC, so they have synced appropriate State Law, as well as identify the appropriate rules of staff and authorities and acknowledge their authority. Ms. Farr confirmed that the Building Inspector would continue to serve as the authority for the administration of zoning. The Planning Board would continue to serve in the role for Large Plan Review and the Permit Authority for subdivisions. Ms. Farr stated that the Ordinance would set the policy of Form-Based Code in the arena of the public. The Chair stated that a Special Permit before the Planning Board had a Public Hearing. Ms. Farr responded that the Ordinance would impart on the land less discretion by setting the rules clearly with the public, have the public adopt the rules by Town Meeting,the developer would follow the rules and the Planning Board would review the projects under those rules, while the public would continue to participate in a Public Hearing process, all of which she felt was fundamentally different from what was previously proposed at tonight's meeting. Regarding zoning, Ms. Farr stated that there were ordinances that would remain and the FBC would point to. Other ordinances would be put aside because the proposed FBC would be tighter and stricter with the metrics. Environmental regulations, such as water quality and setbacks to critical resources, would remain in place. Ms. Farr also stated that the Farm-Based Code draft contained a lot of white space so that the content could be easily understood, adding that Mashpee's ordinances were very vague. (p. 1-4) Missing map and plan (p. 2-7&8)ARTICLE 2: DISTRICT STANDARDS-General-A.1 Lots—The Chair requested clarification regarding lot lines versus theoretical lot lines and thoroughfare versus street. Carol Wilbur,representing Mashpee Commons, explained that theoretical lot lines allowed for multiple buildings on a legal lot, but to measure side setbacks,theoretical lot lines would be created so as not to subdivide land, creating greater flexibility for the landowner. (p.2-7)A.3 General—The Chair asked for clarification and Ms. Wilbur stated that platted was the process of creating lots, allowing different ways a lot could be related to the streets and Ms. Wilbur described the various types of proposed lots,the rules of which were stated in a separate section. Mr. Rowley added that, historically,platted meant that it was added to paper. The Chair inquired about the existence of a non-conforming lot and Ms. Wilbur confirmed that it would be something that was in place before. Mr. Rowley stated that there was no information regarding loft creation or establishment with the Registry of Deeds. Ms. Farr responded that, in Article 7,Administration, and the Subdivision section (p.7-235), a process identified the timeline in which there was a requirement to file the plat with the Registry. On the same page, Ms. Farr pointed out an example of Massachusetts compliance with MGL Chapter 41, Section 81L, listed under the Purpose. Mr. Rowley:stated that it referenced a subdivision plan retaining its approval status, that if not recorded within six months of signing,the project must be reviewed by the Planning Board and a vote taken to confirm that no changes had been made to affect its approval. Mr. Rowley noted that there was still much to absorb with the drafted FBC. (p.2-11) General-A.4 Special Map Requirements--Ms. Wilbur stated that this section provided for Master Plans with a focus on shop front streets and focus on retail activity as well as the distribution of character districts for pedestrian sheds, further described in the Neighborhood section. (p.2-10)General-A.2 ,Setbacks & A.3 Building Groups & (p.2-13) Character District Summary Table---Ms. Wilbur stated that the Character Districts were a result of discussion during their design week and included a range of areas in Mashpee Commons from Conservation Areas to Residential I1