The probable benefits of the project will exceed the probable detriments;
The DRI will interfere with the general plan of any of the Vineyard's municipalities or for Dukes County;
The DRI is consistent with the relevant municipal development regulations;
The DRI is consistent with any applicable DCPC regulations.
The Act gives the Commission wide latitude in considering whether the benefits of a project outweigh its detriments. For example, the Commission may consider the necessity of the project relative to alternatives; its effect on the environment, other persons or property, municipal services and public facilities; or its likely impact on affordable housing.
LUPC Post Public Hearing
After the close of the Public Hearing, the application goes back to LUPC where the committee begins an analysis of the benefits and detriments of the project according to the MVC's enabling legislation (Chapter 831 of the Special Laws of the State of Massachusetts). Applications are reviewed based on the criteria outlined in Chapter 831 and for their consistency with the Island Plan, with town regulations and with town plans. Note, that once a development is deemed to have regional impact, the Commission looks at both regional and local benefits and detriments. Once the LUPC has finished analyzing the committee formulates and adopts a recommendation to the full Commission to approve, approve with conditions, or deny the application.
Deliberation and Decision by the Commission
The full Commission will then meet to receive the LUPC recommendation to approve, to approve with conditions or to deny the application. The Commission can accept the recommendation, modify it or craft an alternate decision. The Commission takes a roll call vote on the decision.
After the Commission's vote, a written decision is drafted to reflect the Commission's oral decision. At a subsequent meeting, the full Commission body must vote to approve the written decision at which point the decision is final. Note that the decision is directed primarily to the town board or official, not the Applicant. After the written decision is approved, it is recorded in the Dukes County Registry of Deeds and carries forward with any land transactions. Copies are sent to the referring town board and to the Applicant.