09/10/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 10, 2014 MINUTES • Mr. Blaisdell read a comment from Tom Fudala made at a Design Review Committee meeting dated, August 19, 2014; "Tom Fudala commented that the property is subject to a recorded Road Covenant which states no building permits may be issued, or the lot sold, until the Covenant is released by the Planning Board. The Board would release it once the road is built, or if the applicant provided a cash performance guarantee in the amount of 150% of the cost of the remaining work needed to complete the road." Mr. Geyser stated that the road covenant was recorded. Mr. Bonvie asked if the road was built and since it was not, he suggested he submit a bond because there is no frontage and therefore not a legal road. Mr. Geyser stated he has not finalized the covenant with the Planning Board as of this date. Mr. Mendoza cannot issue a permit until he knows what is approved by the Planning Board. Mr. Blaisdell stated he also cannot make any decisions because there are many open items that need to be addressed such as; Conservation, Planning regarding the road, a bond, and also Charlie Rowley providing an estimate of any work that he need to perform which requires a bond for him. Mr. Blaisdell suggested to Mr. Geyser. he request a continuance because the Board must • vote and render a decision prior to November 1, 2014. There are only two hearings left within this time frame. Mr. Goldstein also reiterated the same. Mr. Geyser agreed to continue and will get clarification regarding the updated changes to the plan. Mr. Geyser thought his covenant was approved. Mr. Bonvie stated the covenant said that you cannot pull building permits until you build or bond the completion of the road: Until that covenant is released you do not have legal frontage. Until a bond is issued, you cannot have permission to build the road without definitive dimensions. Mr. Mendoza reviewed the list of items Mr. Geyser needs to address prior to returning to the Board. They are; • Meet with Conservation on October 9, 2014. (Keep in mind you agreed to return on October 8, 2014). • Meet with Planning Board to discuss the road and supply a bond. • All Boards need to be addressed prior to returning to the ZBA. • *The ZBA will need to make a decision before the deadline of November 1, 2014. There are only two meetings before the deadline. • The Building Commissioner cannot issue building permits until the Zoning Board makes their decision.