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C) Any proposed schedule of architectural, Motion made to move question at 8:43pm defeated signage and landscaping controls, along 123 to 65. with a written record of any review and Motion passes 137 to 53 at 8:55pm. comments by the Design Review Committee. Where such a schedule is not Article 30 proposed, the applicant shall submit archi- To see if the Town will vote to amend the zoning tectural elevations and other architectural bylaw by adding a new Section 174-27.1 as follows: plans,along with samples or descriptions of exterior materials proposed to be used, and "174-27.1 Development Agreements. landscaping plans for all structures, for A purpose and Intent. entrance ways and for major signs, along with a written record of any review and This bylaw enables the Town to enter into devel- comments by the Design Review opment agreements consistent with the provi- Committee. Where development is to be sions of the Cape Cod Commission Act and done in phases,these items shall be submit- Chapter D - Code of Cape Cod Commission ted for at least the first phase, along with Regulations of General Application. The Act typical plans for later phases. All of the provides that such development agreements may above-required plans shall be submitted at be entered into so long as the Town's Local the time approval is sought to construct Comprehensive Plan has been certified by the such later phases. Cape Cod Commission as consistent with the Regional Policy Plan and said certification has or take any other action relating thereto. not been revoked. Submitted by Board of Selectmen B. Definitions. In addition to the definitions con- tained in Section 174-3,the following shall apply Explanation: This article would amend the Town's31 existing "commercial center" zoning bylaw, which to this section: authorizes the Planning Board to issue special permits DEVELOPMENT AGREEMENT - a contract " for multiple use/tenant projects such as shopping cen- entered into among the Town and/or the Cape ters. The most significant changes would allow the Cod Commission and/or another municipality or Board to authorize a schedule of setbacks and lot sizes municipalities and a holder of property develop- (but not overall lot coverage by buildings or building ment rights (Qualified Applicant), the principal ? height) which differ from that required by the under- i purpose of which is to negotiate and to establish lying zoning for an area. Such dimensional provisions the development regulations that will apply to }' would allow subdivision of property within such a ,R, the subject property during the term of the agree- center to accommodate the type of traditional New ment and to establish the conditions to which the England village" being contemplated for the Mashpee t development will be subject including, without Commons project(although this bylaw would apply in limitation, a schedule of impact fees. all commercial and industrial zones). The amendment requires the Board to require architectural,signage and LEAD COMMUNITY - The Town or, where landscaping controls that are enforceable by deed more the one municipality is a signatory on a restrictions where architectural plans for all buildings development agreement,the municipality having y' involved are not submitted as part of the special per the largest land area encompassed by the pro r mit application. It requires a detailed traffic impact posed development, or otherwise by consensus report for such projects. It also requires that any lots of the municipalities.The Board of Selectmen or created that are smaller than required by the underly- its designee shall be authorized to execute, on ing zoning for the area must be serviced by a public behalf of the Town, a development agreement. wastewater treatment plant. QUALIFIED APPLICANT - A person who has Motion made by Wayne Taylor. a majority legal or equitable interest in the real property which is the subject of the development Motion: I move Article 29 be approved as printed in agreement. A Qualified Applicant may be repre the warrant with the exception of the phrase, "or take sented by an authorized agent. ' any other action related thereto." C. Parties to Development Agreements. A develop Planning Board voted at the Public Hearing held ment agreement may be executed by and on August 19, 1998 3-0 for approval. between the Town, a Qualified Applicant and Motion made to amend Subsection F second para- (1) the Cape Cod Commission; or graph, to delete the word competent, denied at 8:17pm. (2) the Cape Cod Commission and another I 90