1998-Annual Town Report - Laserfiche WebLink

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�r I !, rescind the agreement by providing such • what infrastructure, other Town facilities and pro- parties and the Cape Cod Commission with grams, open space or other items of benefit to the a copy of the petition seeking such amend- Town would be provided by the developer, ment or rescission. When the Lead . what impact fees would be paid, Community initiates an amendment or rescission, it shall provide notice, in writ- • what protections the developer might obtain from ing,to all other parties to the agreement and subsequent zoning and regulatory changes, to the Cape Cod Commission. . what streamlined permitting procedures might be (2) When the Cape Cod Commission is a party established for construction done under the terms to the development agreement, any other of the agreement and party to the development agreement may . other items of mutual interest between the parties petition the Commission to amend or to the agreement. rescind the development agreement. Such petition shall be made in writing, on a form The Town's ability to enter into such agreements is provided by the Cape Cod Commission. predicated on the Town having a Local The petitioning party shall provide notice Comprehensive Plan certified by the Cape Cod to all parties to the development agreement Commission as being consistent with the county's and to the Commission of its intention to Regional Policy Plan. amend or rescind the agreement by provid- Planning Board voted at the Public Hearing held ing such parties and the Commission with a on September 16, 1998 voted to make no report on copy of the petition seeking such amend- this Article. ment or rescission. When the Commission initiates an amendment or rescission, it Motion made by David Leveille. shall provide notice, in writing, to all other Motion: I move Article 30 be indefinitely postponed. parties to the agreement. (3) No amendment or rescission may be made Motion to indefinitely postpone passes at 8:57pm except following the notice, hearing and unanimously. approval process specified in this section Article 31 for development agreements. To see if the Town will vote to amend the zoning } J. Enforcement. bylaw by replacing Subsection 174-46.D.(1) with the f following:. A development agreement is a binding contract that is enforceable in law or equity by a "(1) For the purposes of this section, a "residential Massachusetts court of competent jurisdiction." unit" shall be defined as a dwelling unit for use by one (1) family or a group of up to five (5) If any provision of this bylaw is held invalid by unrelated individuals which contains only one =1; a court of competent jurisdiction, the remainder (1) kitchen and two and two (2.2) bed- of the bylaw shall not be affected thereby. The .,: rooms. A "bedroom" shall be defined as a room invalidity of any section or sections or parts of providing privacy, intended primarily for sleep- any section or sections of this bylaw shall not ing and having floor space of no less than seven- affect the validity of the remainder of the Town's ty (70) square feet, a ceiling height of no less , zoning bylaw. than seven feet three inches (7'3"), an electrical or take any other action relating thereto. service, ventilation and at least one window Submitted by Board of Selectmen which is other than a living room [one (1) allowed], dining room [one(1) allowed],kitchen Explanation: This article, which is based on a model [one (1) allowed], hall, utility (boiler, water bylaw prepared by the Cape Cod Commission, would heater, laundry, etc.) room or bathroorn. authorize the Town to prepare and enter into long-term Unfinished cellars and unheated storage areas "development agreements" with developers, the Cape over garages are not considered bedrooms. Cod Commission, adjacent towns and state agencies. Actual dwelling units within the OSID (except Such agreements would be binding contracts spelling any accessory dwelling units) may contain any out number of bedrooms, but the aggregate total of bedrooms allowed in the OSID, excluding any • the terms under which a project could be complet- lots created under the provisions of§ 174-4613(1)(a) ed over a number of years, 94