02/14/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning CSC Group Nominee Trust 3 Board of Appeals V-01-22-1 through V-01-22-28 2. installation of Title V denitrification systems and several monitoring wells to check the nitrogen loading percentages would help ensure that the proposal I would not be detrimental to the public health and welfare. 3. because of the substantial mitigation costs imposed by the Cape Cod Commission on the project, a literal enforcement of the By-laws would involve financial hardship to the Petitioner. 4. because the Petitioner shall donate open space to the Town, relief may be granted without detriment to the public good. 5. the subject subdivision is grandfathered and is exempt from the two-acre zoning requirement;therefore, relief may be granted without derogating from the intent or purpose of the By-laws. 6. the unusual,triangular-like shape affects the subject property and not the district in which it is located. !� 7. without relief the subject property could not be developed to accommodate residences, the purpose for which it had been laid out. 8. the subject property has been maintained as separate and buildable on the i Assessor's Records and is subject to betterments from the Water District. 9. the Petitioner shall be responsible for re-configuring Lowell Road to come into Great Neck Road North at a safer right angle;thereby, improving the intersection and public safety. In view of the foregoing,the Mashpee Zoning pp Board of Appeals found that the Petitioner met the criteria necessary the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on March 28, 2001 to grant the following to allow for construction of a total of 28 homes on the subject property: 1. variance relief from the Growth Management to vary the Development Phasing to allow for construction of 14 homes on the subject property within a one-year period. 2. variance relief(be exempt from)the Building Permit limits to allow for construction of 14 homes on the subject property within a one-year period. i The Variance is conditioned upon compliance with the following: i 1. plan entitled"Preliminary Plan of Land Prepared for Assurance Const. Co., Located in Mashpee,Mass.,Date: 8/14/00" Christopher Costa&Assoc." 2. all conditions and findings of the Cape Cod Commission Lowell Road Subdivision DRI Decision. 3. that the Petitioner is limited to developing 14 lots on the subject property within a one-year period. 4. that the Petitioner must request extension of the Variance prior to the one-year expiration of the Variance to allow for construction of a total of 28 lots on the subject property. 5. that all real estate and related taxes shall be paid and up-to-date before any building permits shall be issued.