05/02/2001 PLANNING BOARD Minutes

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,t Town of Nashpee � Planning Boar „ 16 Great Neck,R,oad North, Mashpee, MA 02649 Telephone (508)539-1400 ext. 520 • Fax(508)539-1403 Special Permit Decision CSC Group Nominee Trust Cluster Subdivision Lowell Road I. Pr000sal. This decision concerns the application of CSC Group Nominee Trust of 560 Willow Street, Hyannis, MA, (the "Applicant l for approval of a 28 lot cluster residential subdivision on 33 acres located between Lowell Road, Ashers Path and Great Neck Road North in Mashpee, Massachusetts (the "Property'l. The Property is identified on the Mashpee Assessors Maps as Map 52, Blocks 62-112. The Project is shown on "Subdivision Plan of Land Prepared for CSC Group Located in Mashpee, Mass." dated February 6, 2001 by Christopher Costa & Assoc., P.O. Box 128 / 465 Main Street, East Falmouth, Mass., sheets 1-9. Sheet 2 bears a revision date of March 8, 2001. Sheets 3 and 9 are dated January 15, 2001. Sheets 4, 5, 6 and 7 bear a revision date of March 28, 2001. Sheet 8 bears a revision date of March 6, 2001. II. Jurisdiction. The application was made and this decision is issued by the Mashpee Planning Board pursuant to Article VI, Section 174-24.C. (Special Permit Use) and Article IX, Section 174-47 (Cluster Subdivision) of the Mashpee Zoning Bylaws as they existed on June 2, 1999, the date on which a preliminary subdivision plan for the project was submitted to the Mashpee Planning Board which was subsequently followed by the definitive plan which accompanies this special permit application. The zoning freeze provisions created by MGL Chapter 40A, section 6 were determined by Town Counsel to be extended while the project was under review by the Cape Cod Commission as a Development of Regional Impact. Where reference is made herein to the Mashpee Zoning Bylaw, it shall refer to the provisions thereof as they existed on said date. III. Chronolom. The application for this Special Permit was submitted February 6, 2001. The earlier application for the preliminary plan was referred by the Planning Board to the Cape Cod Commission as a Development of Regional Impact on June 2, 1999, suspending the local review process. After subsequent significant modifications, the project was approved by the Cape Cod Commission, which notified the Town by memo dated October 3, 2000, that the Development of Regional Impact permit for the Project had been approved on September 21, 2000, allowing local review to proceed. A hearing was opened before the Mashpee Planning Board at the Mashpee Town Hall, 16 Great Neck Road, North, Mashpee, Massachusetts on March 21, 2001. Notice was duly given to abutters in accordance with Massachusetts General Law Chapter 40A. Notice was given by publication in the Mashpee Enterprise, a newspaper of general circulation in the town of -I-