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selected given the fact these complex matters have not had the <br /> benefit of a full and extensive Public Hearing and without study. <br /> He stated this to be a "Back door effort tore-zone an important <br /> part of the Town of lashpee" . He stated a Planning Board Article <br /> had been previously presented and failed. The Planning Board <br /> should present the Article a second time complete with Public <br /> Hearings over a course of months to insure everyone a proper <br /> length of time to consider the matter. The presentation s a <br /> Petition Article serves to avoid the Public Hearing process, <br /> public scrutiny and disclosure normally associated with a major <br /> zoning change. <br /> At this point the Chairman cautioned the speaker about the <br /> type of remarks he was making, noting this is a Public Hearing. <br /> Attorney Dunning rebutted this is not considered to be the <br /> Public Hearing contemplated by the Statutes for consideration of, <br /> a major re-zoning change. <br /> The Town Planner spoke to the Public Hearing process <br /> stating it is the only Public Hearing process within the Statute. <br /> Attorney Dunning stated, "I completely disagree with that. " <br /> "This is the kind of matter that should have come before this <br /> Hoard long before tonight. " "It should not have been a Petition <br /> Article, if it is worthy of consideration it should have been <br /> brought by this Board. " "It is this Board' s Article, pure and <br /> simply. " <br /> The Chairman requested the speaker to conclude his remarks <br /> in order to move forward with the Public Hearing. <br /> In conclusion Attorney Dunning requested, for the reasons <br /> stated, and the fact that in his opinion) the act will have n <br /> effect and that it is inconsistent with prior actions taken by <br /> the Planning Hoard in referring this particular project to the <br /> Cape Cod Commission, spot zoning issue, usurping authority from <br /> one Board to another, and because said Article is a recreation of <br /> are existing Planning Board' matter that should have been brought <br /> by the Planning Board (not a Petition) , he suggested the Planning <br /> Board recommend against the passage of this By-law. <br /> The Chairman thanked the previous speaker for his comments. <br /> She them recognized Linda Pletcher, 28 Windwood Street, l+ ashpee. <br /> Ms. Fletcher spoke out of turn, addressing comments directly <br /> to the previous speaker. <br /> The Chairman advised the speaker to address her comments <br /> directly to the Planning Board. <br /> Ms. Fletcher stated the proposed Article is part and parcel <br /> of recommendation made within the Town of Mashpee Comprehensive <br /> Plan. � - <br />