07/09/2003 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Board of Appeals Minutes 5 July 9,2003 Leach v. S. V. Raleigh Corporation, et al (Mashpee Zoning Board of Appeals) Land Court Misc. No. 278655 Pursuant to an Order of Remand from the Land Court on the appeal of a Variance granted to S. V. Raleigh Corporation (V-02-17) the Board of Appeals will hold a public hearing on July 9, 2003 to entertain a Request to Withdraw the Variance application from the petitioner on property located in a C-2 zoning district at 486 and 490 Main Street (Map 27 Parcels 123 and 159) Mashpee, MA. Sitting: Robert Nelson, James Regan and Richard Guerrera Attorney Patrick Butler represents the Raleigh Corporation and requests that this matter be withdrawn without prejudice. Mr. Regan moves to accept the motion for withdrawal without prejudice. Mr. Nelson seconds the motion. All agree. So moved. OLD BUSINESS: ♦ Discussion regarding Meetinghouse Road—Paul Glynn's new proposal for dropping one of the proposed lots. Mr. Regan addresses Selectman Cahalane who is present, regarding getting on the their Agenda to discuss Chapter 40B and what is before the ZBA regarding that. Mr. Regan mentions that fortunately over the last few years, they have been able to add many layers to protect the Town about Chapter 40B. The Developer in the Meetinghouse Road, Chapter 40B has submitted a new proposal to drop one lot due to drainage issues and has also dropped the moderately affordable house. The Board discusses these changes. Mr. Regan has a problem with this change. He feels that this changes the numbers and the ratio of affordable houses. Mr. Regan makes a motion to have these new proposals deemed a major change in the Comprehensive Special Permit and also requests that Town Counsel Jason Talerman be present at this new hearing. Mr. Regan also notes that there has not been any written information from our engineer Charles Rowley with respect to his opinion on "lost" lot so to speak. Ms. Elizenberry would like to hear from the experts personally as well as their reasons for dropping the lot. The Board feels Mr. Glynn should have brought the engineers with him when presenting this new information. Mr. Nelson reads a note from the Housing Authority that reads in part that these proposed changes brought about by Mr. Glynn are not ordinarily major changes. Mr. Regan would like to be sure the ZBA and the Board of Selectmen are on the same page with the Chapter 40B and the new regulations and what is going on in Mashpee. Ms. Elizenberry moves to make a motion to have this matter on Meetinghouse Road be deemed a major change. Mr. Regan seconds the motion. All agree. So moved. The Board and Mr. Cahalane discuss procedures and possible Chapter 40B's.