1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

Home Browse Search

Board of Appeals November 8, 1989 Page 2. • Bonwood Co. (Owner of record: Reliance Development Corp.) - Requests Modification of Special Permit decision, originally issued April 10, 1974 and modified on January 29, 1985 concerning paragraph 3 on certificates of occupancy and an amendment to paragraph 7 on property located in an R-5 zoning district at 237 Algonquin Ave. (Map 65, Block 35) Mashpee, MA. Members sitting: C. Hawver, M. Makunas and W. Hanrahan Attorney Michael Dunning represented the applicant. He explained that the construction of Southport is commencing in a business -like way and financing is in place and there have been substantial construction advances. He said sales activity has been favorable and many in the audience at the hearing had purchased units. He requested that paragraph #3 of the January 29, 1985 be modified to read as follows: "No more than 100 dwelling units may be granted Certificates of Occupancy in any one calendar year; provided that, Certificate of Occupancy allowed but unused in one year may be carried forward and used in the successive year." He also requested modification of paragraph #7 to read as follows: "The water system for the first fifty units of Phase I, as shown on plan by E. J. Flynn Engineers entitled "Southport Phase IA", dated November 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 for any dwelling unit; the sewer system plant, the amenity center, swimming pools and tennis courts must be completed prior to the issuance of the 51st Occupancy Certificate, and the golf course must be completed before the 101st Occupancy Certificate is issued." Mr. Dunning explained that the builder has experienced difficulty in complying with the terms of the original permit which required completion of the amenities and sewer system. He explained that the sewer plant cannot operate until 70 or 80 units are contributing to it and there are provisions under Mass. law and Title V to have an interim system. He explained that they have approximately 50 units for which they would like occupancy permits. Due to weather factors, the swimming pools and tennis court completion would be best left until spring. Substantial construction is completed on the amenities center but it is not yet finished. Bill Hauck, Assistant Building Inspector, informed the Board that he questioned if construction was planned in a business -like manner. He said that the building has not been sequential and asked how the Town can be guaranteed that the work will be completed. He questioned disbursements. Mr. Dunning responded that there is an 18 million dollar loan in place for this phase and a great amount of the intrastructure of the project has been completed. The roads are being completed to the units for which they are seeking occupancy permits.