07/28/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes July 28, 2010 Mr. Nelson further clarified that when the Board meets on August 4`h, who is actually sitting on this toPetition will be announced at that time. He also said that the record should show that no public testimony was taken on this Petition at this time. Mr. Nelson asked the ZBA office to confirm that Engineer Charles Rowley will be available for the ZBA on August 4`h. Mr. Blaisdell moved to grant the Extension as requested and continue the above -referenced Petition to August 4, 2010 ZBA Public Hearings. Mr. Reiffarth seconded the Motion. All were in favor. OTHER BUSINESS 340 — 342 Main Street, LLC: Requests a three-year Extension of Comprehensive Permit SP -07-28, which was approved by the Zoning Board of Appeals at the Public Hearings on August 9, 2007 allowing for construction of Main Street Village Phase U on property located at Assessor's Map 36 Parcel 50 (behind Schooner Lane) Mashpee, MA. Petitioner states that severe economic conditions'have substantially impacted commencement and completion of the project. Sitting: Board Members Robert G. Nelson, William.A. Blaisdell, James Reiffarth and John M. Dorsey and Associate Board Member Ronald S. Bonvie. The Board discussed the Request for Extension at length. Questions arose as to the name of the current owner, the financial situation of the owner and the likelihood that development of Phase II will actually be completed. Mr. Nelson said that the Board must proceed very carefully with this project, based on its previous experience with the Petitioner and the project. Mr. Bonvie asked what kind of accounting/profits that the Town will require in reference to Chapter 40B projects. He said that one of the key ingredients to a Chapter 40B proposal concerns the profit structure. Mr. Nelson said that the Board is not necessarily compelled to grant a three-year Extension. He said that the Comprehensive Permit SP -07-28 names Southside Realty Trust as the Petitioner and that Attorney Kirrane has requested the Extension on behalf of Southside Realty Trust. Mr. Nelson objected to the condition of the property and said that the property is a mess and that the Petitioner seemed to have started the project, dismantled the area and stopped in midstream. He said all of this happened before the present economic conditions. Mr. Nelson said that the Board asked McShane Construction Company to perform minor jobs, such as filling in a portion of a trench, which the Petitioner refused to do. Mr. Reiffarth called the Board's experience with McShane "a horror show". The Board discussed allowing the Comprehensive Permit to expire and requiring the Petitioner to re -file. Mr. Nelson suggested the option of continuing the Petition long enough to allow the Petitioner and attorney an opportunity to present their case to the Board. Mr. Nelson moved to continue the hearing for 60 days until October 9, 2010 and requested that the Petitioner and the attorney appear before the Board prior to that date. Mr. Dorsey seconded the motion. All were in favor. 7