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Mashpee Zoning <br /> Board of Appeals Minutes from Public Hearing on June 23, 2004 <br /> 1 <br /> • TOWN OF MASHPEE <br /> Zoning Board of Appeals <br /> Minutes - Wednesday, June 23, 2004 <br /> The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 23, <br /> 2004 at 7:00 P.M. at the Mashpee Town Hall. Board Members James Regan, and Robert <br /> Nelson were present along with Associate Members Richard Guerrera and Marshall <br /> Brem. <br /> Mr. Regan brought the meeting to order at 7:04 p.m. Mr. Nelson read a letter asking <br /> anyone who is interested in joining the ZBA to send a letter of interest to the Board of <br /> Selectmen. He further informs the audience that beginning July I", the ZBA will be <br /> going to a 5-person Board and they are in desperate need of applicants to join them. Mr. <br /> Nelson mentioned that it is important that we get some associates to make sure we have <br /> five people listening at all times. <br /> The Chairman recognizes Attorney William Henchy who is the attorney for the Mashpee <br /> Water District. <br /> Mr. Henchy addresses the Board and mentions that the water commissioners have similar <br /> concerns about projects proposed under Chapter 40B. The Mashpee Water District is not <br /> a board of the town, it is a separate entity and referred to it as a"political subdivision of <br /> the state, not the town." The water district was originally established as a small water <br /> system to hook up residents threatened by groundwater pollution from the base. Mr. <br /> Henchy informed the Board that a demand for water has been incessant. This led the <br /> water district to adopt tighter water service connection regulations. In 2001, water <br /> commissioners successfully petitioned the Massachusetts General Court to amend the <br /> 1987 district act to include the right to refuse any connection to the Mashpee Water <br /> District water supply system for any reason deemed appropriate by the water <br /> commissioners. The regulation gives the water commissioners the right to refuse and the <br /> authority to phase in water connections if a proposed project jeopardizes the supply of <br /> district water to existing customers. The legislation was drafted to allow the <br /> commissioners to protect residents already hooked up to district water but also to make <br /> sure that demand does not overtake supply. Any developer proposing 10 or more <br /> residential units must apply to the district for permission to connect. The decision to <br /> allow connections is based on the districts demand capacity analysis plan. Mr. Henchy <br /> explained to the board that the water district is already walking a "supply and demand <br /> tightrope". Mr. Henchy has communicated his concerns to the ZBA's special counsel <br /> Jason Talerman. He also said the no project can go forward without the vote of the water <br /> district. Chairman James Regan mentioned to Mr. Henchy that all of our public hearing <br /> • notices are copied to the water district and always have been. He also told Mr. Henchy <br /> that it is frustrating that the developers for the 4013's only file with the state to begin with. <br /> Mr. Henchy also mentioned how concerned the district is about the expansion of New <br />