09/22/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 September 22, 2004 That can.be discussed further down the road. Zella Elizenberry would like to be sure that the applicant involves the ZBA with the lottery and wants to invited to follow the procedure in its entirety which did not happen with the first 40 B the board did. There is a discussion of relocating the garages and the fact that some setbacks for offsets may be required, Mr. Talerman informs Mr. Nelson that those items have been addressed in the original decision. Mr. Talerman has some questions. When Mr. Rowley reviewed the plans, did he use the 24 number as a total with respect to the drainage calculations? Mr. Teague informs he that he did and that the impervious drainage calculations were done with 24 units in mind. Secondly, how about the parking? Mr. Teague tells him there is one enclosed space and one outside space per unit. Mr. Talerman explains to the Board that he and Attorney Kirrane discussed the process of modifying this permit while Mass Housing creeps along with its paperwork. He feels that with the permit in hand for the 24 units from the ZBA, it will expedite the approval of Mass Housing on this project. Mr. Brem questions where the commercial aspect of this will come into play. Mr. Kirrane informs the Board that in meeting with the Planning Board, it has been determined that they will apparently be the permitting authority for the any commercial building that may or may not take place. Mr. Kirrane further informs the Board that they are still waiting for the land court plan and will need their signatures when it arrives. After a period of further review, Zella Elizenberry makes a motion to grant the major modification of the comprehensive special permit. Frederick Borgeson seconds the motion. All agree. So moved. Attorney Talerman will draft the modification and get it to the office next week. Cape Southport LLC: Conceptual approval for the next phase of Southport for Bonwood Drive North and North Ridge Road on property located in an R-3 Zoning District at 3 Southport Drive, Mashpee, MA. Sitting: Robert Nelson, James Regan, Marshall Brent, Zella Elizenberry, and Richard Guerrera. (It is noted for the record that Zella Elizenberry and Frederick Borgeson are no longer employed by Southport and have no further conflict of interest to be part of these hearings.) Attorney Michael Durming represents Cape Southport. They are before the Board for conceptual approval of the next phase of building. There is a letter of agreement between the Board of Selectmen and Mr. Trinan regarding payment of$175,000 to the Town of Mashpee. Mr. Regan asks Mr. Bonvie if that payment has been made. Mr. Bonvie needs to make a call to find out and will return shortly. The Board was given the plans several weeks ago to review and comment. Mr. Regan has questioned the building of the proposed retaining wall that appears to be on the buffer zone. Applicant is aware that they must file with the Conservation Dept. but was told ZBA approval was necessary first. Mr. Dunning informs the board that up to this point, 395 units have been built. The proposed changes are being made to the placement of the units, not the number or size. He further explains that the placement changes to the units have been approved by the planning board and has preserved numerous trees thus the reason why the roads are set up a little differently. Mr. Dunning tells the board that 99% of the requests by the planning Board have been completed and if this is approved tonight, they will then file final site plans. The residents are pleased and Mr. Fudala is pleased to this point. Mr. Fudala has