09/08/2025 SELECT BOARD Minutes - Laserfiche WebLink

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Select Board September 8,2025 Minutes would bear that responsibility. The Board stressed that the Zoning Board of Appeals (ZBA) should not approve the project if it fails to meet applicable ﬁre and building codes. Environmental concerns were also addressed, particularly around wastewater discharge and the Town’s obligation to maintain ﬂow neutrality under State Revolving Fund (SRF) ﬁnancing requirements. Chair Wyman-Colombo noted the absence of any meaningful discussion in the Mass Housing letter regarding where e?luent will be discharged and whether the system has the capacity to handle the volume. Wyman-Colombo reiterated that Mashpee is held to ﬂow-neutral development standards and that this project could jeopardize compliance. Selectman Weeden noted the reference to lending conditions under the New England Fund (NEF) program, particularly provisions that require approval of any transfer of the NEF lender's interest during the term of construction ﬁnancing. These stipulations, present in NEF documentation. Selectman Weeden requested further legal review on this matter. Legal eligibility and process integrity were major themes throughout the discussion. Selectman Weeden expressed concern that the applicant may not meet the eligibility requirements under 760 CMR 56.04, which requires that the proponent be a limited dividend organization, nonproﬁt, or public agency at the time of application. The Mass Housing letter states that the applicant “could be” a limited dividend organization, but is not yet one. Weeden felt that proceeding without verifying this requirement undermines the legal foundation of the process. Additionally, concerns were raised about a potential conﬂict of interest involving the Zoning Board Chair serving as the developer and the current property owner. Weeden urged that this issue be evaluated by Town Counsel to ensure that there is no undue inﬂuence or procedural irregularity that could compromise the Town’s zoning enforcement authority. Chair Wyman-Colombo and several members strongly supported the need for Town Counsel to be actively involved in guiding the ZBA through the Chapter 40B permitting process. Wyman-Colombo emphasized that the ZBA’s role is complex and governed by statute, requiring adoption of procedural regulations, rules for public hearings, and administrative oversight. There was general agreement that the Town should not wait for the ZBA to request legal assistance but should instead proactively ensure that legal support is available at each stage to avoid missing any steps that could result in constructive approval. Concerns regarding quality of life for future residents—particularly children—were also raised. Member Richardson pointed out that the project site lacks usable green space. 10