9/11/1996 ZONING BOARD OF APPEALS Minutes

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twenty-five (25) dwelling units and one hundred and eighty thousand (180, 000) square feet of commercial space within Section 5 of New Seabury, which is the area under consideration. In 1995 the Board of Selectmen executed an Agreement with New Seabury purporting to transfer onto Section 5 some four hundred (400) dwelling units and increasing the total number of dwellings from four. . . from twenty-five (25) to four hundred and twenty-five (425) ; and increasing the total number of commercial space from one hundred and eighty thousand (180, 000) to, I believe, three hundred and sixty thousand (360, 000) , and I 'm stating that from my memory. . .usquare feet . And it was our view and remains our view that because the Cluster Zoning By-Law under consideration requires both action by the Board of Appeals and a Deed executed by New Seabury securing any further conditions issued by the Board, that it does not affect an Amendment to the Special Permit for the Selectmen being laterally executed Deed, absent of informing this Board first that the proposed changes um. . . are substantially in compliance with the spirit and intent of the By- Law and that the proposed changes do not substantially detriment from the public good. The reason that we are before you is because the proposed changes will put a very high density of development in close proximity to Mashpee Water District public water supply wells . And in the view of the Water District that does not (inaudible) with the public good because there is grave concern, uh. . . in fact opinion rendered to the Commissioners that ultimately that will (inaudible) developers will limit the wells unusable. Um. . .much of our discussion last time around centered on the question of whether or not the Plans approved in 1964 by the Board - essentially approved a cluster concept, I think was Mr. Fox' s language, a cluster concept for the total number of units over the entire area; or whether as we had suggested, the 1964 Plan um. . . as referenced in the 1964 Deed proposed limitations on specific sections with specific numbers of dwelling units and commercial spaces within those areas. Um. . .and it was our position that it did. Well, um. . .we 've done a little bit of looking around and I have to submit, according to Mr. Burden, the Town copy of the 1964 Plan of Record that was filed with the Board of Appeals. Um. . . turns out Mr. Fudala has been hiding one of these in his uh. . . I shouldn' t say hiding. . .has had one of these in his office um. . . since the late 1980 ' x . I gather that when there was a move he found one underneath some file cabinets and uh. . . has been keeping one in his office. Ah. . . it was actually ah. . .Attorney Morse, former Assistant Town Counsel, who told me that ah. . . the Town Planner had one of these things around. And I want to submit this to the Board and make it part of the record. Um. . . the first thing, and I 've given a copy to Mr. Burden, he is also appearing here tonight . The first thing that I want to point out to the Board um. . . is the following, that with regard to the 1964 Deed uh. . . it references a certain Plan which is entitled, "Cluster Zoning Plan on a portion of New Seabury, Mashpee, Mass . , dated January 16, 1964, by George Hayes, -2-