11/18/2020 ZONING BOARD OF APPEALS Minutes

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ACTION: The Board is hereby approving the requested comprehensive permit and granting the waivers necessary for the Project and therefore this waiver is unnecessary. • Section 5.05. The Applicant does not seek subdivision approval and the subdivision rules and regulations do not apply to the Application. ACTION: Acknowledged that no subdivision approval is sought, but that any existing subdivision covenant recorded against the Property will be released by the ZBA acting as the Planning Board, as provided for above. • Section 6.01.A waiver is requested from the requirement that the Applicant provide a new PEL any time that a change to the project is made as this requirement contradicts the express requirements of 760 CMR 56.04(5). ACTION: Granted, as any proposed change to the approved Project shall be processed under the procedures set forth under 760 CMR 56.04(5). • Section 6.02. A waiver is requested from the requirements of Section 3 regarding Notice of Project Change information as previously made above. ACTION: Granted, as any proposed change to the approved Project shall be processed under the procedures set forth under 760 CMR 56.04(5). • Section 6.4. A waiver is requested from the requirement that any plan revision shall constitute an amendment to the Application, as the Applicant reserves the right to return to the original plan unless otherwise specified. ACTION: The Plans, as revised, are hereby approved and,therefore,this waiver request is unnecessary. 4. MASHPEE ZONING BYLAW PROVISIONS As provided for under 760 CMR 56.05(7),the Applicant seeks waivers only from the "as-of-right" zoning requirements set forth in the Mashpee Zoning By-law("ZBL") as set forth below; and,the Applicant notes and emphasizes that no waiver is needed (or sought)from any special permit requirement set forth under the Zoning Bylaws as 760 CMR§56.05(7) expressly provides that: "Zoning waivers are required solely from the "as of right" requirements of the zoning district where the project site is located;there shall be no requirement to obtain waivers from the special permit requirements of the district." 1. ZBL§174-9. The Applicant requests a waiver from the requirement that all buildings and uses shall comply with the ZBL provisions and to allow the buildings and uses shown on the Plans. 10