5/11/1994 ZONING BOARD OF APPEALS Minutes

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t TOWN of MASHP B Board of Appeals minutes Wedmesday, May 11 . 1994 - 7 : 30 P .M. The Mashpe Board of Appeals held meeting on Wednesday, May 1 , 1994 at 7: 30 P.M. at the Mashpee Town Hall. Board members present and acting throughout were Michael A. Makunas, Edward M. Govoni and Cheryl A. Hawver. Building Inspector William F. Hauck was in attendance, No Public Hearings were scheduled. DISCUSSION New Seabury Special Permit Christopher Burden and Michael Grot ke of New Seabury reviewed documents relating to the New -eabuy special Permit for cluster zoning. Mr . Burden stated that the Permit had no time restrictions but the Deed had a 3 -year period- for the restrictions with the provision that they could be extended. Mr, Govoni discussed the Deed restrictions imposed by the by-law, Mr. Burden stated that the ZBA granted the special Permit but the Town had to Grote to accept the Deed of the beach parcel which contained the densities and restrictions on the development, This was recorded in July, 1964 , In 1971 the Deed was modified to reduce density. Mr, Burden said that the Appeals Court had accepted the Deed as a Special. Permit, I r. Govoni reviewed the Cluster Zoning By-law which allowed for extensions which was passed by Town Meeting . M r . Makunas stated that the Court had defined the Special Permit with the statement that "'the terra special Permit includes the Decision of the Board of Appeals . . . . 'T Mr, Makunas mored that the Board provide a Letter of Determination that the Board finds in accordance with Section 7b) 1 , of Chapter 184 of the General Laws and in accordance with Document 92601 the restrictions imposed on the restricted area have been duly extended to July 4 , 2 , 010 . Ms . Hawver seconded. All agreed. Mr . Makunas said that all of the of f adavits and documents should be filed with the Town Clerk.