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Planning Board, as well as by the appro- the appropriate vote or approval of all other par- priate vote or approval of all other parties ties to the original Development Agreement. to the original Development Agreement. Motion made and seconded to dispense with read. 3. Any Development Agreement may con- ing of Article. tain provisions further regulating its amendment or rescission."; Motion made by Selectman John Cahalane. In addition to the above amendments, capital- Motion: I move the Town vote to approve Article 19 ize the term "Development Agreement(s)" as printed in the warrant, except that the following sentence should be added to Subsection I.1.: "Where wherever it appears in Section 174-27.1; the Cape Cod Commission is not a Participating Party, or take any other action relating thereto. such changes may be authorized by a majority vote of the Board of Selectmen, after review and favorable Submitted by Planning Board recommendation by the Planning Board, as well as the appropriate vote or approval of all other parties to the Explanation: The Cape Cod Commission has original Development Agreement:' and with the amended its regulations (Chapter D) regarding exception of the phrase"or take any other action relat- Development Agreements and promulgated a new ing thereto". model zoning by-law with which Mashpee's current Development Agreement zoning by-law (which was Motion passes unanimously at 8:46 PM. based on the Commission's previous model by-law) must be brought into conformance, according to the Article 20 Commission, in order for the Town to enter into Development Agreements. As the Planning Board, To see if the Town will vote to accept the layouts as Cape Cod Commission and Mashpee Commons LP public ways of Taurus Drive, partial of Polaris Drive are currently in the process of preparing a (House #97 to start of Taurus), and partial of Gemini Development Agreement regarding two proposed new Road (House #19 and ending at Taurus Drive), as sections of the Mashpee Commons development, this shown on a plan entitled"Road Easement Taking Plan article has been submitted to allow the Town to con- "Holland Mills" Subdivision in Mashpee, tinue participation in that process. The amendments Massachusetts (Barnstable County)", dated December consist primarily of minor language changes,with the 13,2000 and prepared by The BSC Group,Inc.,which exception of a revised definition of the purpose of a layouts shall have been filed in the Office of the Town "Development Agreement", a new definition of Clerk,not later than seven days prior to the date of the "Participating Parties" and an entirely new process for vote hereunder and to authorize the Board of "Minor" and "Major" modifications of an approved Selectmen to acquire by gift, purchase or eminent Development Agreement. domain taking any land necessary for the purposes of such ways as so laid out, and to appropriate and trans- ' The Board of Selectmen recommends approval by fer from available funds $153,290 to the Great Hay a vote of-0. Estates Roadways Account and to raise said appropri- ation, the Treasurer, with the approval of the Board of The Finance Committee recommends approval. Selectmen, be authorized to borrow at one time, or from time to time, under and pursuant to Chapter 44 At its meeting on October 5, 2011, the Planning Section 7 or 8 or any other enabling authority for such Board voted 4-0 to recommend approval of Article purchase or taking and layout including costs of con- 19,provided that the following sentence be added structing such ways and legal financing and other to§174-27.1,Subsection I.1.• Where the Cape Cod costs incidental and related thereto; and further autho- Commission is not a participating part, such rize the Board of Selectmen to assess betterments to changes may be authorized by a majority vote of the owners of the land abutting the ways, or take any the Board of Selectmen,after review and favorable other action relating thereto. recommendation by the Planning Board,as well as Submitted by Petition 81