The Commission reviews DRIs to determine whether:

• The probable benefits of the project will exceed the probable detriments as outlined in Chapter 831.
• The DRI will interfere with the general plan of any of the Island municipalities or of Dukes County.
• The DRI is consistent with the relevant municipal development regulations, any applicable DCPC regulations, and any applicable DRI policies.

Chapter 831 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, which begins an analysis of the benefits and detriments according to Chapter 831. Staff will develop a list of planning concerns and relevant facts from the record as a starting point for this analysis. 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 its analysis, it may formulate and adopt 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 (if any) and decide whether to approve, approve with conditions, or deny the application. The Commission formally weighs the benefits and detriments of the project, and takes a roll call vote on the decision.  

Written Decision

After the Commission's vote, a written decision is drafted by staff. At a subsequent meeting, the Commission votes whether to approve the written decision, and if approved it becomes final. 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.