08/08/2001 ZONING BOARD OF APPEALS Decisions

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` Mashpee Zoning Minutes—August 22, 2001 3 Board of Appeals ` Attorney Bergamo submitted a map of the property and said that the lots requiring x Variance relief are 1, 2, 3, 4, 5, 6, 7, 8, 9, 17, 18, 20, 25, 27, 28, 29, 30, 34, 36. She informed the Board of the status of some of the lots as follows: = z A building permit has been issued for Lot 26. ` Building permits have been issued for Lots 32 and 33 the houses are under construction. • Lot 34 is under purchase and sale agreement. • Lot 9 is under "an option to purchase", with the option due in December 2001. • A house is under constructioi}on Lot 10. • Lots 11, 12 and 13 have been developed with homes and have been sold. • Lots 14 and 16 are under a"reservation". • Lots 37 and 38 meet the lot size requirements and are under purchase and sale agreements. • Lot 20 is also under purchase and sale agreement and needs a Variance. (Attorney Bergamo visited the ZBA office on August 23, 2001 and verified that Lot 30 does need Variance relief, but that Lot 32 —Variance V-01-84-18 - does not need Variance relief). Mr. Govoni mentioned that Willowbend Development Corporation is scheduled for a Cape Cod Commission hearing on August 23, 2001 concerning a proposed golf course 3 expansion that would impact four of the 20 lots. He said that he would prefer to wait r until after that meeting to render a decision. 1 k Attorney Bergamo said that no one would buy a lot needing Variance relief without a recorded decision granting such relief. Mr. Govoni asked how long the Petitioner would come to the ZBA seeking Variance relief. Mr. Wheeler answered that the problem lies in the fact that the subject lots are restricted by the Town's Growth Management policy. The Zoning By-law reads: "§ 174-26.B.1 Growth management Building Permit Limits. s Notwithstanding the provisions of Subsection A, within any year the number of new dwellings units for which building permits may be issued shall not exceed two and one- half(2 1/2%) of the total of the number of existing dwelling units in the town on, plus any uncompleted dwelling units for which building permits have been issued and have �rMFe: not expired by, December 31 of the pervious year, except that permits for three hundred (300) dwelling units may be issued in 1987, permits for two hpndred fifty (250) dwelling ' units may be issued in 1988, and permits for two hundred (200) dwelling units may be issued in 1989." This limits issuance of 7 building permits per year to this Petitioner. Messrs. Govoni and Wheeler suggested that the Petitioner might consider asking for a few Variance Petitions at a time, rather than 20 or 30 at a time. Mr. Govoni requested that the Petitioner identify the 7 lots that need immediate Variance relief at the September 12, f 2001 Public Hearings.