8/28/1996 ZONING BOARD OF APPEALS Minutes

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Attorney Fox: I just wondered, since it was raised. Uh. . . in deed. . An this 195 Modification Agreement there' s a specific condition that the uh. . . it was requested by the. . . it was put into the Modification Agreement on. . .on. . . stone water run off . So perhaps it might be well that you have a full copy of the 1995 Agreement with all the nine conditions . . . The Chairman: I have it — I 'm reading it right here. Attorney Fox: Okay. A through I and then there' s . . . two. . . that' s two pages worth, and then at the very end in very small print there' s two more sets of pages of DEP regulations, all of which have to be complied with. The Chairman recognized William F. Hauck, the Building Inspector. Mr. Hauck: The only area that applies is the Land Court Plan. New Seabury has a wide spread outside that. But the only applicable area is that Land Court area. The Chairman: And that ' s the Plan that they are talking about- -the Land Court Plan? Mr. Hauck: Yes . Like uh. . .Bright Coves is outside the New Seabury Special Permit area. The Chairman recognized Ginny Landry. Ginny Landry: Ginny Landry, I 'm one of the homeowners around the Popponesset area. Uh. . .basically, I was good at studying the Cluster Zoning Permit since I was on the Board of Appeals way back when. And uh. . .what it seems they've done is the. . . the restrictions on it concerning the eight hundred and seventy (870) square feet per acre. On Section 5, 1 called the Town Planner today, and there' s a little over a hundred and five (105) acres. Which just going by that —but I . . . I read in also the restrictions, the aggregate, so they took the total number of acres throughout all of the whole property and then they split it up accordingly. They got rid of South Cape Beach in 1982 when the Town took that over. And initially had the three hundred sixty thousand (360, 000) square feet of commercial for space in that South Cape Beach area. what they did, they didn' t own it in 195 . . . 1 mean the Town owned South Cape Beach, but they took that high density number and the high density units were eleven hundred and seventy-four (1, 174) in the South Cape Beach area. And that ' s what they seem to have transferred to this Section 5 . Now if you go by the aggregate area, they've lost that high density section of South Cape Beach, so the numbers stay the same. I mean, it seems questionable to me. They may know their additional plan going by the total numbers of the whole area in the Cluster -18