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In closing, Attorney Costello reiterated that in order to establish and impose an impact fee,the <br /> Planning Board or other regulatory board or commission would have to first establish a direct <br /> nexus between an anticipated development impact and the particular costs borne by the Town as <br /> a result of the issuance of the subject permit or approval. Secondly,the fee must be <br /> proportionate or reasonable with respect to the costs or impacts that the town will have to bear <br /> and lastly the public hearing process should be utilized as a process to explore and establish a <br /> record of the particular impacts and determine the best means to mitigate the impacts. Having a <br /> clear record that establishes the nexus and the cost impact is the strongest tool to have. <br /> Attorney Costello then opened the meeting for questions from Board members. Ms. Waygan <br /> inquired although Mashpee is part of the Cape Cod Commission, would the attorney be <br /> suggesting that a better way to establish a fee imposed for waste water would be to go through a <br /> home rule petition. The attorney stated his understanding is that any community within <br /> Barnstable County could also adopt some ordinances or bylaws for impact fees provided that the <br /> Commission has approved the Comprehensive Plan. He added that this could be another course <br /> of action to adopt a local bylaw to impose an impact fee structure within the Town of Mashpee. <br /> He said his feeling was that this would have to be approved by the Cape Cod Commission. You <br /> never lose any rights under a general law or any authority. Special acts merely supplement or <br /> allow you to undertake acts such as impact fees that are not otherwise authorized. Ms. Waygan <br /> then questioned whether a neighborhood that was getting developed would have to have the <br /> nexus where they were sewered by the system that they were funding or could this be separate. <br /> Attorney Costello stated that under the law as it exists presently there would absolutely have to <br /> be a nexus. He continued by stating that you cannot impose an impact fee upon a developer that <br /> would not have a particular benefit to that developer. He added that Mashpee is in a position <br /> where the town is moving forward very aggressively occurring a lot of expense to develop a <br /> town-wide waste water treatment system. Absent from some special legislation that would <br /> authorize the town to impose upon developers a flat rate or a graduated fee structure relative to <br /> the cost of the development, a certain percentage of the cost of the project would have to be set <br /> aside. He stated he felt that Mashpee could similar act to Boston and have a fee based on a <br /> reasonable and proportionate formula that could be set forth in a statue on any developments <br /> within the town and you would not have to establish the strict nexus but as the law exists right <br /> now, you would have to establish the nexus. Vice Chair Callahan questioned the accounting of <br /> funds and whether there would have to be a clear demonstration of no comingling of funds. <br /> Attorney Costello responded by stating this is already going on. In Mashpee there are funds <br /> already specifically allocated for the purpose of waste water treatment for the costs and expenses <br /> that the Town is incurring. When the fees do come in,they do not go into the general fund but <br /> are applied to the dedicated accounts. He stated that these dedicated accounts have to be <br /> established by general law or by a special act. <br /> Vice Chair Callahan asked if the Board had any further questions or comments. Ms. Waygan <br /> said that she felt it might be a good idea to keep this item on the agenda to discuss whether the <br /> Board would like to draft a memo to the Sewer Commission to see if they would be interested in <br /> pursuing something like this. She stated that this is a bit different than what we currently have. <br /> Attorney Costello commented that there currently is a waste water infrastructure fund right now. <br /> Since the fund is already established in Mashpee, if the town sought special legislation to <br /> authorize development impact fees,the legislation could say all such fees paid pursuant to this <br /> 6 <br />