05/26/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES May 26, 2010 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 26, 2010, at the Mashpee Town Hall. Board Members Robert G. Nelson, Jonathan Furbush, James Reiffarth and Associate Members Peter Hinden and Ronald S. Bonvie were present. Board Members William Blaisdell and John M. Dorsey were not in attendance. Mr. Nelson opened the hearings at 7:00 p.m. He informed everyone present that two of the regular Board members were absent due to medical reasons and that the alternate members would be sitting in their place. NEW HEARINGS Cape Cod Cooperative Bank: Requests a two-year Extension of a Chapter 40B Comprehensive Permit (SP -06-84) on property located in an I1 zoning district at 588 Main Street (Map 19 Parcel 10) Mashpee, MA. Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, Peter Hinden and Ronald S. Bonvie. Attorneys Michael Ford and Jeffrey Ford represented the Petitioner. Attorney Jeffrey Ford said that the Bank took title on the subject property as a result of a foreclosure on June 15, 2009. He said that the Petitioner is interested in keeping the Chapter 40B option in place • on the property. The Petitioner is fully aware that it will have to abide by all of the requirements and conditions of the Chapter 40B permit granted by the Board on June 12, 2007. No changes are being proposed by the Petitioner. Mr. Bonvie asked if the Petitioner is also currently involved with Plan and Design Review with an industrial project proposal. Attorney Jeffrey Ford confirmed that the Bank is keeping all of its development options open. Mr. Bonvie asked if the Permit would be included in the 10% count towards the affordable housing objective. Mr. Nelson said that it would. He said that, according to newspaper articles, it appears that this is a "last resort on the part of the Bank and they want to do everything else rather than this that they possibly can." Mr. Bonvie suggested that the Board grant a 1 -year extension in order for the Town to keep its options open in the event of another Chapter 40B proposal. Mr. Nelson said that he had no objection to granting a two-year extension. Mr. Bonvie said that granting this two-year extension would limit the Board's consideration of other Chapter 40B projects during that time. Mr. Bonvie said that he understood the request from a business point of view. Mr. Reiffarth questioned how the Board could vote to extend a permit to anyone other than the original Petitioner. Attorney Michael Ford said that the permit was granted to Mr. Giatrellis. The permit stipulated that Mr. Giatrellis had to create a limited dividend corporation in order to commence the Chapter 40B project. Mr. Giatrellis failed to create that corporation. The Bank has created the required limited dividend corporation. • Attorney Michael Ford recapped the entities allowed to develop a Chapter 40B: