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Special Permit <br /> Discussion - Mashpee Commons LP Town Counsel -Jobs Fishing Road <br /> Approval Process for Commercial Project within Mashpee Commons 40B Project <br /> The Chairman called this matter to order and recognized Douglas Storrs, vice <br /> President Mashpee Commons. <br /> Mr. Storrs stated he finds himself in a grey area, whereby there.i.s a certain <br /> amount of commercial space being proposed within the 40B project. There are no clear <br /> guidelines for commercial space within 40B projects. One choice was to defer to T +n <br /> Counsel and Applicant' counsel for guidelines. The HCD,the State agency that <br /> regulates and approves 40B projects is expected to issue guidelines, but the timeframe is <br /> unclear. Also, Applicant can proceed with the Special Permit process through the <br /> Planning Board, similar to the Cape Cod Commission process, whereby the Planning <br /> Board would review the commercial space within the 40B project. <br /> Mr. Storrs made reference to a plan of Mashpee Commons, indicating that the <br /> 40B project is located on both sues of Jobs Fisbing load. The State has already <br /> approved the rental side and the for-sale side. A committee has been established <br /> consisting.o representatives from the Board of Selectmen and Planning Board, Town <br /> Planner, and Police and Fire Department. This committee met for approximately eight <br /> months in order to discuss the proposed plan, identify concerns, and then incorporate <br /> those changes to the plan prior to submission to the Zoning Board of Appeals. <br /> The Zoning Board of Appeals review process took approximately eventeen <br /> months and which involved a number of different agencies within the community. Many <br /> aspects of concern with the proposed plan have been changed addressed. <br /> Applicant has also completed the review process by the Cape Cod Commission of <br /> the commercial component.,of the project(DRI permit). Mr. Storrs then indicated the <br /> location of the commercial units (Market Street and Jobs Fishing Road) for an <br /> approximate total space of 40,900 sq. ft. <br /> Mr. Storrs mentioned the significant number of waivers that-have been granted by <br /> the Zoning Board of Appeals Special Permit, the majority having been granted in <br /> connection with the commercial space. He then indicated the location of the project area <br /> first floor commercial space. <br /> Mr. Storrs spore to Planning Board level of revie �r and role in the proposed <br /> project. <br /> At this point the Chairman stated the question of Planning Board jurisdiction over <br /> the commercial component of this project was raised in the spring of 2006. It was the <br /> understanding of the Planning Board/Staff that the Planning Board did have jurisdiction. <br /> A legal opinion was sought from Town Counsel, Mr. Costello, who advised the Board in <br />