06/21/2021 BOARD OF SELECTMEN Minutes

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3 Board of Selectmen Minutes June 21, 2021 Kristy Senatori—Executive Director of the Cape Cod Commission; (continued) This is the first Three-Party Development Agreement the Cape Cod Commission has been involved in. The participating parties are the entities selected by the Qualified Applicant which in this case is Mashpee Commons to consider the Development Agreement. In the Three-Party Agreement which involves the Cape Cod Commission,Mashpee Commons and the Town of Mashpee parallel reviews are conducted. The Cape Cod Commission reviews the application for consistency with the Regional Policy Plan, the Cape Cod Commission Act and the Local Comprehensive Plan. The Town of Mashpee's parallel review would consider the application for consistency with Local Zoning, the Local Comprehensive Plan and Applicable State Laws. In process,the Development Agreement if adopted by the Cape Cod Commission would forward the document to the respective municipality for consideration. The Mashpee Commons project was deemed eligible for a Development Agreement in March of 2020 and the Town of Mashpee Board of Selectmen voted to act as a Participating Party in the Development Agreement in March of 2021. In the summer of 2021,it is anticipated the review period would begin. The Town of Mashpee would conduct local review, applicable laws and zoning considerations. The Cape Cod Commission would conduct their review and hold subcommittee hearings. This allows for opportunities for the Town of Mashpee and Cape Cod Commission to define their process independently. During this time Mashpee Commons may continue to submit materials. In considering the process as outlined it was strongly recommended the Cape Cod Commission hold their subcommittee hearings in the Town of Mashpee. There is also a noted preference to maintain the character of the Cape when considering design elements. It was agreed design guidelines and considerations are of importance as is consistency with the Regional Policy Plan. There was concern with respect to the Town's Zoning Bylaw under§174-27.1 (3)Negotiation of the elements of a Development Agreement between Participating Parties and a Qualified Applicant shall be led by the Planning Board or its designee, and may include representatives from other municipal boards, departments and commissions where said joint participation will assist in the negotiation process as the Planning Board does not appear to be involved in the Cape Cod Commission Development Agreement process as outlined. Concern was also addressed regarding the potential zoning change as it relates to the Development Agreement that may or may not be executed. It was recommended the Cape Cod Commission map out the process which is recommended to require conditional approval of the zoning amendment. If the Town is not in agreement would the process move forward to the Cape Cod Commission for adoption? Ms. Senatori indicated the process requires a joint public hearing at the onset with separate parallel reviews to follow. A series of findings would be discussed to reach consensus regarding the intended language of the agreement to be acceptable with both bodies. The Board of Selectmen is a required signatory.