6/28/2018 PLANNING BOARD Minutes

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Bylaw change and encouraged the Planning Board to have reasonable conversations in order to move the project forward. Mary Lou Palumbo,representing the Mashpee Chamber of Commerce, stated that Mashpee Commons had been an unbelievable partner in Mashpee and had been very generous,transparent and knowledgeable. Ms. Palumbo respected the Planning Board, but noted that leadership could change in the future with different developers, but with Mashpee Commons the Town would know what they were getting. Ms. Palumbo stated that they had taken a lot of time to develop their plan and to listen to the community and local businesses. Ms. Palumbo asked that the Planning Board consider Mashpee Commons' proposal because a future developer may have a different concept for the Town. On behalf of the Chamber of Commerce,Ms. Palumbo asked that the Planning Board to consider the proposal, adding that the Chamber supported Mashpee Commons. Mr. Fudala stated that there would be no Mashpee Commons without the vision of Buff Chase, and expressed his concern about the negative feedback he had been hearing. Mr. Fudala indicated that he drafted the Planning Board's proposed Zoning Article, last year while serving as Mashpee's Town Planner, and revised it based on discussion at meetings and charrettes he had attended during Mashpee Commons by Design. Mr. Fudala stated that the intent of the Bylaw was to provide a legal Zoning Bylaw framework to allow Mashpee Commons to do what they wanted to do, with Form-Based Code by right. Once the project was permitted, Form-Based Code would control the development. Mr. Fudala felt that the expectation for Town Meeting to read and adopt a 268 page document, as well as fulfilling the requirement to mail out the Article to all residents, would be challenging. The proposed Zoning Article was intended to make it easy for Mashpee Commons to do what they wanted to do with a Master Plan with adopted Form-Based Code, and then develop by right with no oversight. The proposed Article was intended to support Mashpee Commons' efforts. Mr. Fudala referenced the Local Comprehensive plan and offsets for open space and affordable housing,which was included in the proposed Article and adjustments were made in the form of some trade-offs. Mr. Fudala discussed items in the Article to include allowances for farm, open space, water treatment and nitrogen mitigation. Mr. Fudala emphasized the intent to create a simple, legally appropriate Bylaw that, once permitted, with a guarantee of 50 bedrooms per acre, any use by right, offering total flexibility. The Chair stated that she saw the proposed Article as supporting Mashpee Commons. Mr. Fudala emphasized that Mashpee Commons was a great developer, and the proposed Form-Based Code would be too much to absorb by the voters, but that the proposed Zoning Article was intended to assist Mashpee Commons with their goals. In reference to the sign code, Mr. Fudala suggested that Article N remain because it would be appropriate for a high density area and Mashpee Commons could propose a set of rules to the Planning Board. Mr. Fudala emphasized that it should not be a fight and encouraged Mashpee Commons to consider the proposed Zoning Article as a better approach to Form-Based Code that would be better received at Town Meeting. The Chair stated that she introduced the proposed Zoning Article at the last meeting in order keep the process moving. It was Mr. Fudala's opinion that this was the easiest approach to achieving the financial goals expressed by the Town Manager and to address the needs of Mashpee Commons with flexibility. Referencing occupancy permits in the proposed Zoning Article, Mr. Fudala noted that there were many Special Permits issued by the Board with conditions. The Chair responded that she would look into the 8