07/12/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals EA Fish Asher's Path, LLC 2 Comprehensive Permit Chapter 40 B S P-06-47 5. A public hearing timely commenced on July 12, 2006 and continued to July 26; 2006, when, after the introduction of additional testimony and evidence, the hearing was closed. 6. The Board utilized the services of Special Counsel Jason Talerman and the engineering firm of Charles L. Rowley & Associates to assist in the review of the Application. Town officials also contributed a significant amount of information and analysis. 7. The Applicant was represented by Attorney Kevin Kirrane during the hearing and information, testimony and plans were also presented by Horsley Witten Group (engineering), Peabody Properties (property management) and The Architectural Team,Inc. (building design). Edward A. Fish, whose company will be coordinating the construction and the initial management of the Project also provided testimony on behalf of the Applicant. Additionally, Leila Bostford, the Executive Director of the MHA, provided testimony and responded to questions and comments regarding local concerns. At both sessions of the public hearing, the Applicant otherwise responded to concerns that were raised by providing data and revising the project plans. 8. The public hearing also included a substantial amount of public testimony which expressed concern over certain potential impacts but did not, with minor exceptions, suggest outright rejection of the proposal. Almost all of this testimony was raised by residents of the neighboring Sea Oaks condominium complex. II. PROJECT AND PROPERTY DESCRIPTION 1. The project configuration is described in the Application and on the preliminary plans of Horsley Witten Group, as most recently revised on July 18, 2006. Prior plans of Horsley Witten, as well as the architectural plans of The Architectural Team also describe the project. All of said plans are hereinafter collectively referred to as the "Plans." 2. The Property is in the R-5 zoning district and contains approximately 6.27 acres. The Property is currently undeveloped. 3. The Property is a triangular shaped parcel is located between Carleton Drive, Asher's Path and Falmouth Road(Route 28). Located immediately to the northeast of the Property is the Sea Oaks condominium project. 4. With the exception of one small depression, the Property is evenly graded and contains no apparent wetlands. The existing vegetation is typified by native species of mid-height "scrub" oak and pine.