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

Home Browse Search

Board of Appeals Minutes - February 14, 1990 Page 6. Larry D. Nickulas - Requests a Modification of Special Permit 87-05-053, Section 3, for permission to release one lot for the construction of a model • home prior to the payment to the Town of Mashpee for repairs to Pimlico Pond Road on property located in an R-5 zoning district on Pierre Vernier Drive, Katian Way and Gunters Lane (Map 2, Blocks 141 to 178) Mashpee, MA. Members sitting: M. Makunas, R. Halpern, J. Friel Mr. Nicklus explained that he had received a Special Permit subject to the payment of $100,000 to repair Pimlico Pond Road. He is requesting the release of one lot before payment in order to build a model home and get the project started. Mr. Makunas said that the Board had received comments from the Assistant Town Planner stating that the Planning Board.opposes the modification. Mr. Makunas also stated that the Assistant Town Counsel had suggested that the $100,000 could be paid in four $25,000 payments on dates certain. Mr. Nicklus replied that he would be able to make the payments on dates certain. Mr. Friel asked if he had any commitments of houses and Mr. Nicklus replied that he had 4 or 5 definite buyers. Mr. Makunas moved to table the discussion until later in the evening to allow Mr. Nicklus time to do a payment schedule. There was no second. Mr. Makunas read a memo from E. Virgilio, Director of Public Works, • stating that the Town is waiting to do the improvements. Mr. Halpern suggested that payments of $25,000 be made on May 1, June 1, July 3 and August 1, 1990. Mr. Makunas explained that Mr. Nicklus could not have any additional building permits until full payment was made. Mr. Friel suggested that any modification be conditioned that occupancy would be withheld until full payment is made. Mr. Makunas said that the payment schedule could be accelerated if Mr. Nicklus wanted additional permits before August 1. Mr. Nicklus signed a mems stating that he would pay the $100,000 on the following schedule: May 1, June 1, July 3 and August 1,1990. Mr._ Makunas moved to grant the Modification to allow one building permit to be issued for the model homes and occupancy be withheld until the full payment of the $100,000 for repair to Pimlico Pond Road. Payment to the Town is to be made per Mr. Nicklus' signed memo or may be paid in full prior to August 1, 1990. Mr. Friel seconded. All agreed.