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

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Board of Appeals November 8, 1989 'Page 4. Mr. Dunning distributed a brief to the Board members. Mr. Hanrahan stated • he would want the Modification to include the requirement that owners sign a form stating that they understand that the amenities are not completed and release the Town from any responsibility. Mr. Makunas read the revised paragraph 3. and suggested that the paragraph read: "No more than 100 dwelling units may be granted Certificates of Occupancy in any one calendar year." Members of the Board discussed the memo from the Planning Board with suggestions of additional conditions. It was determined that this hearing was concerned with the modification of an existing permit. Elias McQuaid, health agent, reported that the Board of Health would look favorably on the use of holding tanks and would require Bonwood to post a bond. Some of the owners in the audience questioned if condo fees would be reduced and it was explained that these matters were not the concern of the Board. Mr. Hanrahan said that when the developer applies for a Certificate of Occupancy it must be accompanied by a Release signed by the owner releasing the Town of any responsibility if the amenity package is not completed. • Mr. Hauck explained that the Board of Appeals approval did not mean immediate occupancy since the Building Dept. had other conditions. Mr. Hanrahan moved to modify Paragraph 3 of the January 29, 1985 Decision so that henceforth it should read as follows: "No more than 100 dwelling units may be granted Certificates of Occupancy in one calendar year." Mr. Hanrahan moved to modify Paragraph 7 of the January 29, 1985 decision so that henceforth it should 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 plans, 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. In any event, the amenity center, swimming pools and tennis courts must be completed before March 30, 1990. • "Further, the Board finds that based on aerial photos, site inspection and architectural certification, that there has been substantial work commenced as required above. Mr. Makunas seconded. All agreed.