8/28/1996 ZONING BOARD OF APPEALS Minutes

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You might say that concerns the Water District . . . to be realistic about it, we' re terrified of the thought. The wells which are in this area constitute more than two-thirds (2/3) of our present supply. Our demand for water in the summer of this year has increased forty-two (42W) percent over what it was the same time last year. We are placing at risk a priceless resource of this community. I ' ll now turn this over to Mr. Henchy, our Counsel, for the further presentation. Attorney William C. Henchy: Thank you Madam Chairman. For the. . . for the record, my name is William Henchy, I 'm counsel for Mashpee Water District . I apologize to the Board for being late earlier on. I was attempting, diligently, to xerox a great number of materials so that you' d have a whole package. My machine went down at five thirty (5 : 30) . It was like one of those A-Copy commercials, you know. . . that you hear the people screaming, (inaudible) uh. .but I do manage to have something pulled together. I have for the Board. . .uh, for all of the members of the Board, our Notice of Appeal together with our correspondence to uh. . .Mr. Hauck and uh, his correspondence in return. (At which point Attorney Henchy provided Board Members with said materials . ) The subject matter of our appeal concerns, as you properly indicated in the. . . in the opener, uh. . . the May 22, 1995 Agreement with respect to the so-called Section 5 of New Seabury uh. . .between uh, Mr. Burden as Trustee of several Trusts and the Mashpee Board of Selectmen. And, uh. . . in order to properly explain our position, I think a little bit of history is probably necessary for the Board, although I think you are probably familiar with some of this subject matter. Back in 1964, the Town of Mashpee adopted an amendment to its Zoning By-Law which provided Cluster Zoning. And. . . in the particular by-law provision in. . . in question is Section uh, F5 of the 1964 Mashpee Zoning By-Law. And without going into (pause) . . .without going into uh, excruciating detail, it essentially authorizes uh. . . the Special Permit which gave rise to the New Seabury Development as we. . .as we find it today. It is a very interesting Zoning By-Law provision in that it required two. . . it required action by the Zoning Board of Appeals as specifically a finding by the Board of Appeals that approval of cluster development would not constitute a substantial detriment to the public good and would not be substantially detrimental to the intent and purposes of the By-Law, the usual Special Permit type of standard. And it also specifically required that if the Board made those findings and if the Applicant rendered a deed interest in land to the Town to secure certain rights and restrictions under the Special Permit as granted, then the uh. . . density and. . . and lot coverage and so forth, requirements of the Zoning By-Law would not apply in cluster type development would be authorized. And that is exactly what happened. In 1964 this Board found issue with some findings and decision in accordance -2- 1'