1/9/1991 ZONING BOARD OF APPEALS Minutes

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MASHPEE BOARD OF APPEALS r Minutes Wednesday, January 9, 1991 The Mashpee Board of Appeals held a meeting at 7:30 P.M. on Wednesday, January 9, 1991 at the Mashpee Town Hall. Board members present and acting throughout were Cheryl A. Hawver, William J. Hanrahan and B. Thomas Christian. Board members Michael A. Makunas and Edward M. Govoni stepped down for the hearing on James Circle Realty Trust and were present for all of the other hearings. Board Member John J. Friel arrived at 7:55 P.M. Building Inspector Douglas S. Boyd was in attendance. Ms. Hawver Called the meeting to order at 7:39 P.M. James Circle Realty Trust and 151 Johns Pond Realty Trust - Request Variances under Section 174-31 of the Zoning By-laws for permission to vary the minimum lot size and minimum lot frontage requirements on property consisting of 16 lots located in an R-5 zoning district on James Circle (Map 71, Blocks 150 to 163) Mashpee, MA. (Owners of record: Richard M. Scudder TR, Joseph M. DeMartino, TR and Stage Development Inc.) Members sitting: C. Hawver, W. Hanrahan, T. Christian Attorney Robert Mills represented the applicants. He explained that they were seeking variances on 16 lots for lot size and 14 lots for lot frontage. All of the proposed lots are larg.pr than those that currently exist. He reviewed arrangements which have been made with the John's Pond Homeowner's Association to deed a 2.71 acre buffer strip to the Association, deed a Beach area to the Association and agreed to make all of the lots subject to the rules and regulations of the Association. Mr. Mills discussed the concerns of the Board of Health on dumping at the site and stated that the owners have spent $3,000 in cleaning up the waste. He said that the Assessor's Office has had difficulty in appraising this parcel since the plans at the Registry of Deed represent an illegal/invalid subdivision. Mr. Mills said that the property was not going to be developed but would be sold as lots.. He said it was not going to be used for affordable housing due to the economic situation in Massachusetts and the lack of financing and that it had become a financial nightmare for his client. Michael Forde, President of the John's Pond Estates Association, said that the Association felt the plans were mutually agreeable to the Association and the developer. He said there was interest in the property by some of the members of the Association and hoped that 1/3 of the lots might be undeveloped, 1/3 used for summer residents and 1/3 developed for year-round use. He said the mixed use was in the best interest of all parties.