10/09/2013 ZONING BOARD OF APPEALS Decision

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SMOLAK & VAUG AN LL,P August 30,2013 At that time, the locus was owned by the Cape Cod United Church Homes, Inc. Specifically, the Special Permit granted under Section 9.3 allowed for a residential development on a proximate 50-acre parcel of land in which half the dwellings to be developed would be multi-family dwelling units and the half developed as a single-family cluster development'. In accordance with Section 9.38 of the former Zoning Bylaw, the Mashpee Planning Board approved the single-lot subdivision component of the project in March 1974. The Special Permit and the approved definitive subdivision plan are recorded in the Barnstable Registry of Deeds, at Book 2078 , Page 48 and at Plan Book 293, Page 19. Copies of the same are attached for your reference. As timely developed by the prior owner under the approved Special Permit, Mashpee Village consists of a mix of multi-family apartment units housed in fourteen (14) garden-style apartments and thirty-five single family homes surrounding the perimeter of the project roadways, together with associated infrastructure and amenities. On or about 1993, TCB Mashpee Village, Inc. acquired the housing development, made necessary renovations to the infrastructure, such as connection to town water and assumed management control of the development. Since that time, TCB has continued to maintain the residential development, its structures and infrastructure. At this time, the owner seeks to obtain minor change approval to incorporate a single-story accessory building, related to improvements to the wastewater treatment for the site. A. Proposed Upgrade to Wastewater Treatment and Addition of an Accessory Structure to the Existing Residential Development. The Mashpee Village site is adjacent to a Zone I and in close proximity to a designated Zone 11. The Quashnet River watershed, to which the Mashpee Village development contributes, is a nitrogen sensitive watershed. As it was developed, the project's wastewater management includes a mix of single Title 5 septic units for some of the single-family lots; a common septic system for the house lots on Amos Circle and seven(7) shared systems for the garden-style apartment buildings. Over the past few years, TCB proactively has investigated viable options to upgrade the current wastewater (septic) systems serving the apartments and single family homes. Working with its engineers, TCB Mashpee Village, Inc. sought to improve and 1 Under the former Section9.3,the regulations likewise required the setting aside of a certain proportion of the entire site as open space. It should be noted that as approved, the applicant had set aside three separate areas of designated open space. One of the open space areas included what is presently a 6.84 acre parcel of land that is now a designated Zone I and owned by the Mashpee Water District. This parcel was acquired by the Water District in 200 via an Order of Taking,as recorded in the Barnstable Registry of Deeds,Book 12782,Page 146,as modified in Book 13752,Page 349 and shown on recorded plan in Plan Book 554,Page 43. Pursuant to Section 4.6 of the 1973 Zoning Bylaw,"any land taken by eminent domain... shall not be deemed to be transferred in violation of the land area,width,and space provisions of this Bylaw."Similar language is set forth within Section 274-214 of the present day bylaw. fnnn^Y1L'l A...1 i