1985-ZBA APPEALS - BLACKBOOK - Laserfiche WebLink

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COMMONWEALTH OF MASSACHUSETTS TOWN OF MASHPEE BOARD OF APPEALS Decision of the Board of Appeals on Petition to Modify Special Permit This matter was brought before the Board of Appeals of the Town of Mashpee by Henry C. LaBute of Route 151, Mashpee, Massachusetts. Mr. LaBute owns 264.41 acres of land located north of Route 151 and west of Old Barnstable Road and partly bounded on the west by Algonquin Road and on the north by Payamps Road. Said land is shown as Lots 35 and 35A on Assessors Map 65 and on a plan dated 3/5/74 originally submitted in 1974 and a revised plan dated 1/16/85 submitted by the petitioner as a part of this hearing. On April 10, 1974 this Board of Appeals issued a Special Permit under the provisions of Mashpee Zoning By-Law, Section 9.5 to construct a Planned Retirement Community on said land. No building permits have ever issued, no Board of Health approval was sought and no dwelling units have been constructed thereunder. Mr. LaBute has filed an Application for Modification of the Special Permit and has asserted that the Special Permit is still valid. Town Counsel rendered an advisory opinion that the 1974 Special Permit remains valid and the Board of Appeals accepted the Application for Modification on the basis of this advisory opinion. The application was submitted to the Board October 22, 1984 and filed with the Town Clerk November 26, 1984. Notice was duly posted and advertised in the Falmouth Enterprise on November 21, 1984 and November 28, 1984, and a public hearing was held at Mashpee Town Hall at 7:30 p.m. December 5, 1984. Board members Manuel Costa, Michael Makunas and William Hanrahan sat at this hearing. The Board subsequently conducted a site inspection on December 12, 1984 and held an additional meeting regarding the application on December 19, 1984, when it received additional information, and subsequently discussed the application on January 16, 1985 and January 23, 1985. Town Counsel submitted a clarifying letter to the Board relative to the binding effect of his advisory opinion. The Board of Appeals, based on evidence presented by the applicant and his representatives, on testimony at the public hearing and subsequent meetings, on its site inspection and on recommendations made by other Town boards and departments, finds that the proposal modification is in harmony with the general purpose and intent of the Mashpee Zoning By-Law and complies with the general and specific provisions thereof. We thus allow this Modification of Special Permit in accordance with a Master Site Development Plan, dated January 23, 1985, by Yarosh Associates, Inc.. Said Plan indicates, in general fashion, the location of the dwelling units and of the main streets of development, plans for a central water supply system and a sanitary waste disposal system, the location of fire hydrants and a recreational facility package including a nine-hole golf course and related facilities. The Plan also indicates the location of commonly-owned open space, required buffer areas and setbacks, and required improvements to roads adjoining the site. The Board's decision is made subject to the following terms and conditions: