05/27/1998 ZONING BORD OF APPEALS Decisions

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Town ofMashpee 16 Great Xeck Poad Xorth Mashpee, Massachusetts 02649 BOARD OF APPEALS Decision of the Board of Appeals on Petition to Modify Special Permit RE: - Cape Southport Associates, LLC-SP-98-81 443 Old Barnstable Road Map 65,Block 35 This matter was brought before the Board of Appeals of the Town of Mashpee by Cape Southport Associates, LLC of New York, the current owner of the property consisting of 264.41 acres of land located North of Route 151 and West of Old Barnstable Road, and partly bounded on the West by Algonquin Road and on the North by Payamps Road. Said CLand) is shown as Lots 3 5 and 3 5A on Mashpee Assessor's Map #65. The Petitioner seeks to modify various conditions of the Special Permit dated April 10, 1974 as subsequently modified on January 29, 1985, September 11, 1986, January 28, 1988, September 21, 1988, October 14, 1988 and November 22, 1989. The Petitioner seeks to modify condition numbers 7, 12, and 25. The Petitioner seeks a modification of paragraph 7 to refine and adjust the construction and completion schedule as it relates to the issuance of Occupancy Permits. The Petitioner also seeks to modify paragraph 12 to bring said Special Permit in conformance with an Agreement for Judgment filed in the matter of Louise Behrman, et al vs. 7-he Board of Appealsfor the Town ofMashpee, et al, Barnstable Superior Court C.A. No.: 88-285, which required the property owner, (at that time Bonwood Company, Inc.)to Deed a parcel of land consisting of approximately 13 acres to the Town of Mashpee. Such a conveyance to the Town of Mashpee makes moot condition no. 12 of the 1985 Special Permit Modification Decision whereby there was a limitation placed on the development of this parcel of land. The Petitioner also seeks to delete condition no. 25 relating to the coordination of a public water supply system on site. Public water is available on site, appropriate easements have been granted to the Mashpee Water District and the Agreement For Judgment referenced above calls for the northern portion of the site to be conveyed to the Town of Mashpee. As such, the control for establishing any well fields, etc. on this portion of the site will be within the purview of the Town. Notice was duly given to abutters in accordance with Massachusetts General Laws, Chapter 40A. Notice was given by publication in the Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee on May 8 and May 15, 1998, a copy of which is attached hereto and made a part hereof A public hearing was held on the Petition at the Mashpee Town Hall on Wednesday, May 27, 1998 at 7:30 PM, at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, Cheryl A. Hawver and Robert G. Nelson.