01/11/2006 ZONING BOARD OF APPEALS Minutes

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i Applicant on these questions differed from the opinion of both Town Counsel and the Board's Special Counsel (as well as counsel to the Cape Cod Commission). As to the Cape Cod Commission, the Applicant voluntarily agreed to undergo a limited review of those aspects of the project that relate to commercial uses and structures, such review to precede the closing of the Board's public hearing. Notwithstanding lingering questions and concerns regarding potentially divergent reviews by multiple permit granting authorities, the Board continued with the hearing, under the authority provided under G.L. c. 40B, §§20-23. II. PROJECT AND PROPERTY DESCRIPTION 1. The project configuration is described in: the Application, the Town Book, the plans, as revised, and on the other supporting materials provided during the course of the hearing. For the purposes of determining the project configuration approved by this decision, the plans dated December 1, 2006, and entitled "Jobs/Whiting Residential Neighborhoods: Use Plan," shall be the plans of record and shall be hereinafter referred to as the "Plans." The Plans shall include the Applicant's updated Master Thoroughfare Plan, as revised, and the subdivision plan dated December 1, 2006 and entitled "Jobs/Whiting Neighborhoods: Subdivision Plan," both on file with the Board. 2. The Property is in the C-1, R-3 and R-5 zoning district(s) and contains approximately 60.7 acres. The Property is currently undeveloped, with the exception of some roadways (including Job's Fishing Road)that have already been constructed by an entity related to the Applicant. 3. The Property extends between Route 151 and Route 28. The Mashpee Commons commercial development borders the property, as does Homeyer Village, the . Christ the King Church and the Deer Crossing Condominium Village. The Mashpee Library as well as the Deer Crossing commercial center is also in close proximity to the proposed project. 4. The Property borders the Quashnet River although the Applicant does not propose to alter the jurisdictional riverfront area or any other resource area or buffer zone as may be defined by the Massachusetts Wetlands Protection Act. 5. As shown on the Plans and as described in the materials provided by the Applicant, the project includes a variety of unit types including: a. 78 single-family houses (1-4 bedrooms apiece, plus an optional den which, per a deed restriction, shall not serve as a bedroom); b. 6 duplexes (12 units— 1-4 bedrooms apiece, plus an optional den which, per a deed restriction, shall not serve as a bedroom); C. 151 townhouses (1-4 bedrooms apiece, plus an optional den which, per a deed restriction, shall not serve as a bedroom); final permit