09/22/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes . 3 September 22, 2004 indicated that there will be considerable grade changes and therefore must go before the building inspector for approval. Mr. Nelson addresses Mr. Dunning with comments about unit #174 and 4175. The retaining wall has a portion of it on the 100-foot buffer 0 zone and he must follow through with Conservation. Mr. Dunning and Mr. Bonvie are in agreement that will be done. Mr. Nelson would like to see Southport build the retaining wall and get the foundations in since they are so close to the retaining wall and then have it certified by a Structural Engineer. They would also like the Building Inspector to make a site visit as well. The Board is in agreement with that and asks that to be done before any building commences. Mr. Bonvie mentions they may use different rock for the large retaining wall however, it will be some type of concrete and certainly for longevity. Mr. Regan asks for comments from the audience: Gail Barnes: Chairman of Ad Hoc Committee addresses the Board. They have walked the land and are very happy with the preservation of over 400 trees. She specifically addresses a retaining wall near the 6th tee that is in need of repair since it was made out of railroad ties and not sufficient for long term. Mr. Wheeler, the previous building inspector, asked Mr. Bonvie what his time frame was for repair. Mr. Bonvie informs the " Board the an engineer checked it out and determined that more damage would take place if he were to dig up around the wall to inspect it than if it was left alone for another year and then looked at. Mr. Brem mentions to Ms. Barnes that this is not the job of the ZBA at this point. Ms. Barnes tells him that since the building inspector sent the letter, it should have some reference. She would also like redirock or the like to be installed for the large retaining walls for durability purposes. She also would like to tell the board that the residents are in full support of the additional 37 units being proposed and that things are going very well. She thanks them for their time and efforts. Mr. Regan asks the board for a vote or for more comments. Robert Nelson makes a motion to grant conceptual approval of the site development plan for Bonwood Drive North and North Ridge Road in Southport, dated July 29, 2004 and is conditioned on the Board of Selectmen receiving the agreed upon check of$175,000 from Southport LLC. Marshall Brem seconds the motion. It is further conditioned that Southport will file with the Conservation Commission and the retaining walls will be certified by a structural engineer before any building may commence. All agree. So moved. (N.B.: On Thursday, September 30, 2004, Southport delivered funds to the Town of Mashpee in the amount of$175,000.) Continued Matters Plymouth Savings Bank: Requests a Variance from Section 174-31 of the Zoning By- laws seeking relief from the setback requirements in order to build an addition to the existing business on property located in a C-1 zoning district at 6 Shellback Way (Map 81 Parcel 36) Mashpee, MA. Owner: Charles C. Hajjar Trust, Falmouth Road Trust