05/27/1998 ZONING BORD OF APPEALS Decisions

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Board of Appeals Cape Southport Associates LLC - SP-98-81 2. After hearing, and based upon evidence presented by the Petitioner, the Board found as follows: 1) That the Petitioner is the current owner of the land. 2) That twenty-one (2 1) occupancy certificates were issued between 1989 and 1991 for units within the permitted development and these are excluded from the 100 certificate of occupancy limitation established in condition no. 3 (SP-84-12-054) as modified. 3) That the Building Department for the Town has issued renovation (building) permits for thirty(30)units within this community over the last sixty (60) days. 4) That the proposed modifications to the permit are in harmony with the general purpose and intent of the Mashpee Zoning By-Law, applicable to this permit, and comply with the general and specific provisions thereof(Section 9.5, 1974 edition), Upon motion duly made and seconded, the Board voted unanimously on May 27, 1998 to grant the modification of the Special Permit and hereby modify paragraphs (conditions) no. 7, 12, and 25 as set forth in the Decision of the Board of Appeals to modify Special Permit, dated January 29, 1985, (SP-84-12-054) (as subsequently modified) as follows: By deleting condition #7 as previously amended and replacing it with the following: "The water system for the first fifty units of Phase 1, as shown on plans by E.J. Flynn Engineers entitled Pine Hill Estates,Phase I A, dated September 24, 1986, revised January 5, 1989, attached hereto and made a part hereof, must be completed and substantial work must be commenced on the sewer system plant, amenity center, swimming pools,tennis courts and golf course prior to the issuance of the first Occupancy Certificate of any dwelling unit;the sewer system plant must be completed prior to the issuance of the 5 1' Occupancy Certificate; the swimming pools and amenity center shall be substantially completed by March 30, 1999. The tennis courts shall be substantiafly complete by the issuance of the Certificate of Occupancy for the 175h unit and the golf course shall be substantially complete by the issuance of the Certificate of Occupancy for the 20&unit." By deleting condition #12 and replacing with the following: "The northern most portion of the premises, consisting of approximately 13 acres, shall be conveyed by the property owner to the Town of Mashpee with the condition that this parcel shall not be developed with structures of any kind and shall be preserved permanently for open space," By deleting condition #25.