12/13/2006 ZONING BOARD OF APPEALS Minutes

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32. Nothing herein shall constitute an approval of the proposed future industrial/commercial uses proposed on the separate parcel toward the front of the 48 acre parcel. Nor can this decision be construed to create a legal subdivision road that may serve as legal frontage for such uses. 33. Upon their construction, the buildings in the proposed development shall be considered non-conforming and no exterior alterations, expansions or changes shall be permitted without an approved project modification under the provisions of 760 CMR 31.03. 34. Water-saving devices shall be utilized throughout the buildings. 35. This permit shall not be valid until recorded with the Barnstable County Registry of Deeds and evidence of such recording is provided to the Inspector of Buildings and the Board of Appeals. 36. Any and all easements that may be necessary shall be in a form approved by the Board's Counsel, such approval not to be unreasonably withheld. 37: The term "Applicant" shall refer to the current Applicant(s) and its assignees, successors, affiliates, subsidiaries or any other entity related thereto. Any sale, transfer or assignment of the permit; and any sale of more than 50% of the assets or interests in the Applicant shall require Board approval, such approval not to be unreasonably withheld. 38. This permit shall expire if construction is not commenced within three years from the date it is filed by the Board with the Town Clerk. For the purposes of this paragraph, commencement of construction shall be defined as the full construction of the foundation for at least one of the project's proposed buildings. 39. Any failure by the Applicant to adhere to any of the conditions herein shall constitute a violation of this comprehensive permit in its entirety, except that any finding, by any court of competent,jurisdiction, that any condition hereof is unenforceable shall not otherwise affect the enforceability of the remainder of the conditions hereof. 40. In the event of any conflict between the conditions imposed by this Comprehensive Permit and the terms of any other document or agreement regarding this project, the terms and conditions of this permit shall control Similarly, should any conditions of this permit conflict with the conditions of any approval of the Cape Cod Commission, or any other State, Local or Federal entity,the terms of this permit shall control. 41. Appeals of this permit shall be made pursuant to G.L. c. 40B. 1 Mashpee Woods-final permit--0/12/08 12