5/27/1998 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - May 27, 199$ 3, He said the lot was created before the zoning by-law and cannot conform to current frontage by- law and will need a 300 foot variance, He said the sideline setback is now 20' and he is seeking a 5' variance since engineering studies required building to be closer to other building. He said they need variance relief of 40 feet for paving and parking. Mr. Labute, an abutter, questioned fencing of the lot. Mr. Nelson moved to grant the Variance for 5 feet on the westerly side of the building, a 300 foot variance on the frontage and a variance under 174-45.1 of 40 feet for parking and paving in the buffer zone. CgPe Southport Associates LLC. - Requests Modifications to the Special Permit issued on April 10, 1974, and modified through November 22, 1989 by replacing conditions #7 and #12 and deleting condition #25 concerning completion dates for the water system and sewer system plant, amenity center, tennis courts, etc. Members sitting; E. Govoni, C. Hawver, R. Nelson Mr. Regan stepped down from the Board for this hearing. Attorney Kevin Kirrane reviewed the many modifications to the Special Permit for Southport and stated that they seek modifications to the 1985 permit conditions. He informed the Board that they had provided a status report on the project and needed some relief on completion dates. He requested that condition #7 be deleted and replaced as follows; swimming pools and amenity center shall be substantially completed by March 30, 1999, the tennis courts shall be substantially completed by the issuance of the 175 ' certificate of occupancy and the golf course to be substantially completed by the issuance of the 2001x'certificate of occupancy. He said the sewage treatment must be completed before the 67"'occupancy. He reviewed condition#12 which had resulted in litigation and a decision that 13 acres would be conveyed to the Town of Mashpee for permanent open space and asked that condition #25 be eliminated since the Water District would be supplying water. Mr. Kirrane said they would add the Board's Decision to their agreements so that prospective buyers would be aware of the change in completion dates. j Mr. Bonvie of Southport reviewed the status of the project. Mr. Nelson questioned if the 13 acre j parcel could be used as a well site and Mr. Hauck stated he had checked with the Water District !' and they had no interest, i Ms. Hawver moved to grant the Modification to the Special Permit. Mr. Nelson seconded. AlI agreed. l l