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11. ZBL§174-41(R). The Applicant requests a waiver from the requirement that no more than forty <br /> (40%) percent of the area within the dripline of any tree to be planted or retained within or <br /> adjacent to a parking area,when fully grown, may be made impervious. <br /> ACTION: Granted. <br /> 12. ZBL§174-41(Q). The Applicant requests a waiver from the requirement that irrigation facilities be <br /> installed to ensure proper maintenance of parking lot landscaping. <br /> ACTION: Granted. <br /> S. Planning Board's Subdivision Rules and Regulations. <br /> As expressly provided for under 760 CMR 56.05(7), no waiver from the Planning Board's <br /> Subdivision Rules and Regulations is required for the Project as the Project does not divide the Property <br /> and is not a subdivision application. The Applicant notes, however,that the access way(i.e., Cross <br /> Street which is now known as Cooper Street)within the Project was approved previously under the <br /> Subdivision Control Law and the Project's stormwater infrastructure and erosion controls will conform <br /> to the latest version of the Massachusetts DEP Stormwater Standards and a release from any existing <br /> subdivision covenant under MGL c.41, §81U, ¶7 is requested. <br /> ACTION: While no waiver action is required,the Board notes, as stated above,that the <br /> ZBA will act as the Planning Board in this matter and will release any existing <br /> subdivision covenant held recording against the Property under MGL c.41, <br /> §81U, ¶7 when the Petitioner either installs the municipal services or provides <br /> surety as noted above. <br /> F. DURATION OF THE COMPREHENSIVE PERMIT <br /> The Permit shall lapse if construction has not begun within three years from the date that this Permit <br /> becomes final, except for good cause, pursuant to 760 CMR 56.04(12)(c), or unless such time has been <br /> extended by the Board,with any request for an extension of time to be made before the three year <br /> period exp�*,res. <br /> I hereby c rgfZi <br /> at the foregoing document accurately represents the findings and determinations of <br /> th o `g Board of Appeals as duly voted by the Board on February2, 2021. <br /> Jonathan u h,`Chairman <br /> Signs re of the Chairman on behalf of the Board authorized by Board vote on April 22, 2020. <br /> Dated: February 22, 2021 <br /> Exhibit A. Mashpee Board of Health September 25, 2020 and November 18, 2020 Comments <br /> Exhibit B. Mashpee Planning Board November 4, 2020 Comments <br /> Exhibit C. Charles L. Rowley's February 2, 2021 Peer Review Comments <br /> 13 <br />