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Commissioners debate limits of 40B and whether Cape Cod Commission should have broader review authority
Summary
Following a Harwich request to initiate a DRI review of a 40B project (Pine Oak Village), commissioners discussed whether existing state laws limit the Cape Cod Commission’s authority over 40B projects and debated pursuing state legislative changes or studies to give the commission additional review powers.
A request from Harwich residents and the town’s select board to ask the Cape Cod Commission to conduct a Development of Regional Impact (DRI) review of Pine Oak Village (a Chapter 40B affordable housing project) prompted an extended Feb. 11 discussion about the limits of 40B and regional review authority.
County staff explained that under current state law and the Cape Cod Commission Act the commission lacks authority to impose conditions that would override a developer’s 40B approvals; commissioners and staff said a DRI review would therefore have limited power to…
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