01/10/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 January 10, 2007 conservation matter to be resolved. Marshall Brem moves to grant the Special Permit conditioned on the abutters letter being delivered and final conservation approval. Jonathan Forbush seconds the motion. All agree. So moved. A roll call vote is taken. Marshall Brem votes yes. Jonathan Forbush votes yes. Robert Nelson votes yes. Zella Elizenberry votes yes. Frederick Borgeson votes yes. Variance: Marshall Brem votes to grant a 33,184 square foot landspace variance and an 18.6 foot front yard setback variance to Monomoscoy Road West. Zella Elizenberry seconds the motion. All agree. So moved. A roll call vote is taken. Marshall Brem votes yes. Jonathan Furbush votes yes. Robert Nelson votes yes. Zella Elizenberry votes yes. Frederick Borgeson votes yes. Both Special Permit and Variance are conditioned on plans from J. E. Landers -Cawley of West Falmouth, MA, dated August 10, 2006, revised, September 20, 2006, revised September 26, 2006, and revised again October 16, 2006. Job No. 1637, Ass. 4 114-95. Southport on Cape Cod: Phase III — Conceptual approval for streets/units off of Leisure Green Drive North and Southport Drive. Said property is for Preliminary layout of Phase 111 and will be forwarded to Planning Board for a detailed review upon submission and approval from ZBA. (Map 65 Lot 35) Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson, and Jonathan Furbush, • Attorney Michael Dunning of Dunning & Kirrane represents Southport on Cape Cod, LLC. Also in attendance are Ron Bonvie, Jason Vicker of New Boston, SP and John McGlowsky of New Boston SP. They are here before the Board to get conceptual approval as they have done in the past for Phase III of the condominium project to that will include 67 buildings and 256 units (to total no more than 750 units overall). Mr. Dunning goes into the some history of Southport and the development of the Phases thus far. Many residents are present in support of this Phase and are pleased with the progress that the developers have done and the relationship they have worked on between many town boards. Attorney Dunning has submitted plans to the Board as well as the requested plans that show all the trees that were removed thus far from the site per Mr. Nelson's request. Mr. Nelson asks about the buffer zone between Algonquin Avenue and the units — he feels they are too close to the line. Attorney Dunning mentions that this will be brought to the Planning Board and the Conservation and that any requests from the ZBA can and will be accommodated at this conceptual level. Mr. Bonvie informs the Board that hey will bring back the units as far as they can. He also informs the Board that there will be only one construction entrance that is depicted on the plan that is the least intrusive for the temporary placement of this entrance. There will be one emergency exit on Algonquin Avenue that is necessary for any emergency vehicle. Attorney Dunning also asks that there be some flexibility in the layout of the units as far as being wider and shallower since the market has dictated such changes. Mr. Nelson suggests that envelopes be used for the all the building lots and will recommend that to the planning board.