"Appropriate Zoning" Sec.2.2(b). Developer's Rights...

    So we have the revised Agreement before us, with many changes and not much review time. I’m retired and I have trouble finding the time to get through it and the Exhibits. Section 2.2 (b). Developer’s Rights. …”Developer shall have the right and obligation to…”. As I read this section, the Developer cannot submit the Agreement until after an affirmative vote of the Town, “appropriate zoning by-law amendment” approval and satisfying Closing Conditions.
     Since the next Town Meeting is Oct. 17th, I think the zoning approval process should wait until after the November election and approval by the Town, meaning a separate special town meeting. If the Town defeats the Casino bill then the town meeting is not necessary, and neither is a lengthy and bitter dispute at a town meeting.
     As to “appropriate” zoning amendment, the use should not be a use permitted by right or “P”, but rather “A” or “S”, authorized by special permit. The Selectmen and Town Counsel can decide which review board is appropriate. The use should also be subject to site plan review. Due to the scope of this project, a new Article IX. Casino should be drafted, similar to Art. VI. Planned Residential Development and Art. VIII. Wireless Communication Link. The Article should contain standards and conditions required for Special Permit approval. As much as legally possible, these conditions can come from the documents already submitted, and from the Agreement. This could give the town more leverage in enforcing some conditions of the Agreement by also including similar provisions in a by-law approved by Town Meeting.