2011-Annual Town Report - Laserfiche WebLink

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I 1 Amend the title of Subsection H. to read "Limitations on, and duration of, Development Agreements"; Planning Board, as well as by the appro. priate vote or approval of all other parties to the original Development Agreement, Amend Subsection H.2. by adding the words "of Chapter D" after the words "Section 7" in the fourth 2. Major Modification: When the Cape Cod sentence and replace the first sentence in its entirety Commission is a party to the with the following: Development Agreement,any party to the Development Agreement may petition to "A Development Agreement will commence upon the amend or rescind the Development date of recording of the certificate(s) by the Clerk of Agreement.The Participating Parties may the Cape Cod Commission or by the town clerk(s), as petition to rescind the Development 9 appropriate, and terminate as agreed by the parties, in Agreement; the Cape Cod Commission writing, except as otherwise provided in this subsec- may petition to rescind the Development tion and section 5(q) of Chapter D of the Cape Cod Agreement only in the event of failure of Commission Regulations of General Application, as consideration. Such petition shall be revised."; made in writing, and shall state in detail the petitioner's reasons for amendment or Amend Subsection H.3. by adding the words "or rescission. The petitioning party shall Participating Party" after the term "Qualified provide notice to all parties to the Applicant"; Development Agreement. Delete Subsection I. in its entirety and replace it with When the Commission is not a party to the following: the Development Agreement, any other party to the Development Agreement may "I. Amendments and Rescission. petition the Town or Lead Community to amend or rescind the Development A Development Agreement may be amended or Agreement. The petitioning party shall rescinded by petition of a Participating Party provide notice to all parties to the as provided below. Requirements for hear- Development Agreement and to the ings, notice, costs and filing and recording of Commission of its intention to amend or the amendments and rescissions of rescind the agreement by providing such Development Agreements shall be followed parties and the Commission with a copy as provided in sections 5 and 6 of Chapter D of the petition seeking such amendment of the Cape Cod Commission Regulations of or rescission. When the Town or Lead General Application, as revised. Community initiates an amendment or rescission, it shall provide notice,in writ- 1. Minor Modification: Amendments that ing, to all other parties to the Agreement. are de minimis changes or technical cor- rections, as determinedby both the Where the Cape Cod Commission is a Commission and/or the Planning Board Participating Party, such changes may be (or the appropriate body in the Lead authorized by the Cape Cod Commission Community if it is not Mashpee) may be and a majority vote of the Board of made without following the notice and Selectmen,after review and favorable rec- public hearing requirements provided in ommendation by the Planning Board, as Sections F and G above. Where the Cape well as by the appropriate vote or Cod Commission is a Participating Party, approval of all other parties to the original such changes may be authorized by the Development Agreement. Where the Regulatory Committee of the Cape Cod Commission is not a Commission and a majority vote of the Participating Party, such changes may be Board of Selectmen, after review and authorized by a majority vote of the favorable recommendation by the Board of Selectmen, after review and favorable recommendation by the 80