06/21/2021 BOARD OF SELECTMEN Minutes

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6 Board of Selectmen Minutes June 21, 2021 Kristy Senatori—Executive Director of the Cape Cod Commission: (continued) In further due diligence it was recommended that Town Counsel be consulted regarding the special permit previously granted to Mashpee Commons. Does the Town need to rescind the permit before the project proceeds forward? Would the Town have input in the new special permit? If the project is approved and moves forward does the Planning Board and/or the Board of Selectmen have a role during construction? This is yet to be defined, however with the developmental phases there is potential opportunity for interactions. This aspect could be considered a part of the Development Agreement. There is concern with a possible zoning change that Mashpee Commons may sell some of their parcels. The Town would then have to interact with many and different developers. Would Mashpee Commons be bound by this project if they transfer ownership? If Mashpee Commons sells to a new party, would the owner stay within the confines of the 25-year agreement? If there is no master owner,who would then govern? The Town would need assurance for unexpected instances that may occur and would garner advice from Town Counsel. Using the activity center concept as the focus area of development, would the Town require minimal development or moratoriums in other areas of Town to protect natural resources? In the concept community areas accommodate additional growth. Incentivized growth could be accommodated within the goals and objectives of the Regional Policy Plan. The developer could also be requested to provide open space. It was highly recommended the Town obtain independent studies on various levels to include housing stock and retail space,and consider the sustainability of having increased commercial space in this area. It is critical to establish perimeters and review what is legal by right as it is in the present to what is being proposed. Several zonings apply to this land. Analysis should also consider maximum build-out by special permit and by-right. The matter of height should be fully discussed and vetted as well. When asked of the number of hearings anticipated,there is no set determination proposed. This is the first Three Party Agreement the Cape Cod Commission has been involved in. It is not known how many Two-Party Agreements the Cape Cod Commission has offered participation. It was strongly recommended that a Development Agreement be agreed upon before any zoning changes are brought forth for this project. It was also suggested the applicant submit additional information regarding the abutting of waterways which should require an EIR. There should be more study. The duration of the Agreement and the alteration effect in each typical year should be reviewed. The MEPA review should start the process.