07/12/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals EA Fish Asher's Path, LLC 5 Comprehensive Permit Chapter 40 B SP-06-47 5. The Board finds that there is insufficient information on the plans with respect to lighting and trash disposal but that the Applicant made satisfactory verbal assurances, as reflected in the conditions of this approval, with respect to such items. Similarly, the Board finds that this approval must be conditioned upon receipt and approval of documentation setting forth the future transition of the management of the Project—the Applicant has agreed to this condition. 6. In conjunction with its consulting engineer's review of the Project's stormwater management system, the Board finds that the Project will adequately manage stormwater on the site, provided that there is a complete final review of the system. 7. The Board finds that the waivers that have been granted in this decision will cause adverse impacts to local concerns. However, 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. 8. The Board finds that the conditions imposed in the following section are necessary in order to properly address local concerns. The Board 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 Zella Elizenberry, seconded by Marshall Brem, 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. 2. Not less than forty-five (45) days prior to either the anticipated date of commencement of construction or the submission of application for building permits,.whichever is earlier (the "Final Site Plan Submission Date"), the Applicant shall deliver to the Board final, detailed site plans (the "Final Site Plans") which are of a quality and level of detail sufficient to allow the Board, and any consulting engineer that may be retained by the Board to review the plans for compliance with the terms of this Comprehensive Permit, legal requirements and industry standards. No construction shall commence and no building permits shall issue under this Comprehensive Permit until the Board,