01/11/2006 ZONING BOARD OF APPEALS Minutes

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"Inspection Procedures for Mashpee Commons, Jobs/Whiting Neighborhood" as prepared by the Board's present consultant Charles Rowley, P.E. and attached here as Exhibit C. 11. The Board finds that the open space parcel, as shown as Lot 281 on the Plans is a necessary buffer between the Project and the Quashnet River. A perpetual restriction against the development of this parcel is necessary. The Applicant has informally suggested that passive recreation or"community garden" projects may be proposed for a portion of this parcel but insufficient information has been provided to evaluate the merits of such proposals. The Board also finds that open space parcel, as shown as Lot 282 on the Plans should be the subject of a perpetual restriction against development. 12. The Board finds that the grant of certain waivers from local by-laws and regulations, as described more fully in Section IV hereof, is acceptable although the grant of any waivers may cause adverse impacts to local concerns. Nevertheless, the Board finds that the local concerns that have been affected thereby do not outweigh the Town's need for affordable housing, especially given the mitigation that has been provided by the Applicant. 13. The Board finds that the conditions imposed in the following section are necessary in order to properly address local concerns. The Boards finds that such conditions will not render the project uneconomic. To the extent that such conditions do render the project uneconomic, the Board finds that the local concerns in imposing the same outweigh the potential benefits of the affordable units that have been proposed. IV. DECISION AND CONDITIONS Upon Motion of Marshall Brem, seconded by Zella Elizenberry, the Board unanimously voted to grant a Comprehensive Permit to the Applicant for the proposed project, subject to the following conditions: 1. Except as otherwise required by the conditions imposed by this Comprehensive Permit or by the Final Site Plans as referenced below, the project shall be developed, constructed and completed in conformance with the Plans, as revised during the public hearing. Notwithstanding the foregoing, the Applicant is entitled to the flexibility afforded under the Design Review Process and Architectural Code attached hereto as Exhibits A and B. 2. With respect to the design and development of the buildings in the project, the Applicant shall adhere frilly to the Design Review Process and Architectural Code, copies of which is attached hereto as Exhibits A and B, and incorporated herein by reference. No building permits may be granted unless the processes and standards outlined in Exhibits A and B have been adhered to. Any proposed final permit 8