08/28/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Mashpee Water District -N.O.A. 96-48 2, A Public Hearing was held on the Petition at the Carol H. Jacobson Senior Center, 500 Great Neck Road North, at 7:30 P.M. on Wednesday, August 28, 1996 and continued on September 11, 1996, at which times the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III, and Cheryl A. Hawver. DECISION The following decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 8. Findings of Fact: Upon motion duly made and seconded, the Board of Appeals voted unanimously on September 11, 1996, to make the following findings of fact: 1. The Modification Agreement dated May 22, 1995 was entered into by the Board of Selectmen pursuant to the vote under Article 9 of the January 29, 1990 Special Town Meeting vote. 2. The 1995 Modification Agreement changes the limits on residential units and commercial floor area contained in a July 13, 1964 deed to the Town for certain sections of the New Seabury development, increasing the number of residential units and amount of commercial floor area that may be permitted in Section 5 and decreasing proportionally the number of residential units and commercial floor area that may be permitted in Combined Sections 20, 23, 24, 25 and 26. 3. The restrictions set forth in the 1964 deed were previously revised by a December 27, 1971 agreement between the Town, acting by its Board of Selectmen, and New Seabury, as authorized by the vote under Article 15 of the December 6, 1971 Special Town Meeting. 4. No building permits have yet been applied for or issued in Section 5 which depend for their authorization on the increased number of residential units or the increased commercial floor area permitted by the 1995 Modification Agreement.