06/21/2021 BOARD OF SELECTMEN Minutes

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4 Board of Selectmen Minutes June 21, 2021 Kristy Senatori—Executive Director of the Cape Cod Commission: (continued) Discussions regarding the legal aspect of the Development Agreement continued. It was recommended there should be definition regarding Town authority within the confines of the language, and if the project is no longer serving the most favorable interest of either party could there be a clause to subtract their respective interest? What legal authority does the Development Agreement imply with the use of the zoning amendment for 25 plus years? Does the Development Agreement replace a Development of Regional Impact (DRI) review? Ms. Senatori indicated she would provide a copy of the Development Agreement to the Town of Mashpee. It was noted there would be opportunities in the process to present modifications to the Agreement. There was a question as to how density is calculated and if a specific formula is utilized and if a 25-year development plan is unreasonable. It was noted the density is defined in the development proposal and it is anticipated this project would entail a lengthy agreement which is in general common practice. It was highly recommended the Cape Cod Commission work collaboratively with the Town of Mashpee on this matter. The Town will conduct its parallel review process, however there should be opportunities for joint meetings. It was suggested the CCC outline the process to include future joint meetings. It was also recommended the Town conduct a broader review of the process and not focus solely on zoning. There was also concern with respect to the zoning amendments. It was strongly recommended the Development Agreement be executed before the zoning amendments are voted upon. It was stated the Development Agreement implies that only Mashpee Commons can amend the Agreement. With a lengthy 25-year agreement, if the project is not in the most favorable interest of the Town there should be a method to rescind. Ms. Senatori indicated there is a rescind section within the regulation which requires ratification by all parties relative to the Three-Party Agreement. Ms. Senatori indicated the Cape Cod Commission at their subcommittee hearing would receive public testimony and discuss permitted uses and densities as well as project impacts and potential mitigation strategies as well as the duration of the agreement and any terms and conditions to be mutually agreed upon between the participating parties. The subcommittee may direct the drafting of the Development Agreement and would make a recommendation to the full Commission. In accordance with the Development Agreement process in the Town of Mashpee,the Planning Board is the negotiating team to negotiate the propers. The Agreement would therefore be required to be voted on affirmatively by the Planning Board before it if forwarded to the Board of Selectmen for approval. Any recommended changes would be required to be remitted back to the Planning Board for re-affirmation. It was thus recommended the(Process)template include the Planning Board. Ms. Senatori indicated that goals are listed on the CCC website including information relative to the Regional Policy Plan. It was recommended the list of RPP goals be forwarded to the Town of Mashpee.