10/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—October 10, 2001 6 Board of Appeals V-01-84-16 Lot 29: 29 Shoestring Bay Road (Map 84 Parcel 23) —36,880 square feet, wetland 8,600 square feet, upland 28,280 square feet. Variance relief requested: 11,720 square feet. V-01-84-18 Lot 32: 43 Shoestring Bay Road (Map 84 Parcel 26) —39,150 square feet, wetland 5,720 square feet, upland 33,430 square feet. Variance relief requested: 6,570 square feet. V-01-84-20 Lot 35: 61 Shoestring Bay Road (Map 84 Parcel 35) —25,690 square feet. Variance relief requested: 14,310 square feet. Sitting: Edward M. Govoni, Robert G. Nelson and Zella E. Elizenberry. II Attorney Robert F. Mills, Legal Consultant Donna Bergamo and Willowbend President John E. McElhinney represented the Petition. Attorney Mills stated that the Petitioner appreciates that the Board has granted 4 of the 20 Variances. He asked for the Board to determine that the Petitioner has exercised its rights and substantially performed under f 1 the original grant of 35 Variances. In 1998, the Board granted the Petitioner permission to vary the lot size on 35 lots. The Petitioner then asked for an extension for the lots. After the extension expired, the Petitioner re-filed for and was granted Variances. Those Variances were granted extensions that have now expired. i , The Petitioner is unable to build out all of the lots in any one year because of the Growth Management By-law. Attorney Mills suggested that State law allows for the Board's determination that the original grant of the Variance, along with all the conditions, has been fulfilled. He said that the Petitioner has installed roads, Town water hook-ups, sewage plant and public utilities at an expense of more than $2,000,000. Attorney Mills i ISI ; said that those conditions were fulfilled within the first year of the grant of the Variance. He requested that the Board find that the Petitioner has exercised its rights pursuant to the Variance by fulfilling all of the conditions, which would amount to substantial j performance of the Petition. I' No comments were received from abutters. Mr. Govoni moved to find the determination that the Petitioner has exercised its rights pursuant to the Variance by fulfilling all of the conditions and has completed substantial Performance of the Petition. The Determination is conditioned upon compliance with the Board of Health's recommendation that development of each of the proposed lots include connection to the sewage treatment plant. Ms. Elizenberry seconded. All agreed. Dream Developers of Cape Cod Inc —Requests a Variance from Section 174-26 of the Zoning By-laws for permission to vary the Growth Management requirements to allow for construction of a single-family home on property located in an R-3 zoning district at 693 Great Neck Road South (Map 104 Parcel 124) Mashpee, MA. 'III i li I ii I II