Laserfiche WebLink
compromise regarding the 800-foot restriction . As a result , the <br /> Board approved a waiver of the 800-foot rule with regard to the <br /> reduced number of 35 lots on January 7 , 1987 and subsequently <br /> approved the 35- lot plan on that basis and with the provision of <br /> an emergency second access road through the South Cape Resorts <br /> condominium project . The Board ' s January 7 , 1987 waiver was for <br /> 35 lots only and does not provide for the further road extension <br /> or additional lots proposed . No further waiver of Section <br /> VII .A. 7 . has been requested or approved . Great Hay Road does not <br /> constitute proper subdivision access or serve to meet the <br /> requirements of Section VII .A. 7. with regard to the calculation of <br /> the length of dead end streets . <br /> 4) There is no abutter indicated on the east end of the parcel <br /> adjacent to Great Hay Road . The original subdivision plan of 1987 <br /> indicated that the Wampanoag Indian Tribal Council was the <br /> abutting owner on the easterly side of the road . There is no <br /> indication of the status of ownership between the parcel and Great <br /> Hay Road , or that the applicant has rights to use Great Hay Road <br /> as access to the property being subdivided . <br /> 5) The proposed plan purports to subdivide a 20 . 6-acre parcel shown <br /> on the original " Great Hay Acres " plan as open space. Said <br /> parcel , pursuant to the terms of MGL Ch . 40A, Section 9 ; to <br /> Section 9 . 4 of the Mashpee Zoning By-law as it existed on November <br /> 5 , 1986 , the date of the original filing of the preliminary plan <br /> of "Great Hay Acres " ; to Section 174-47 of the Zoning By-law as it <br /> currently exists and to the terms of the Special Permit approved <br /> for Great Hay Acres , is not to be used for residential or roadway <br /> purposes and shall be kept in an open or natural state. As a <br /> result , there can be no development of the parcel as contemplated <br /> by this Preliminary Plan application and the plan must be denied <br /> as not in conformance with zoning requirements . <br /> 6) In addition to stating the requirements noted in #5 , MGL Ch . 40A, <br /> Section 9 , the Mashpee Zoning By- law and the specific terms of <br /> condition #4 of the Special Permit for Great Hay Acres require <br /> that the parcel here proposed to be subdivided be restricted by <br /> deed , enforceable by the Town of Mashpee and attached and recorded <br /> as part of the special permit decision , to be left in perpetuity <br /> in its natural state as required by the Zoning By- law and General <br /> Laws . It would appear that the required deed restriction has not <br /> been recorded . If that is the case , the Board believes that the <br /> Great Hay Acres subdivision is in violation of the General Laws , <br /> Zoning By- law and the terms of its Special Permit and will notify <br /> the Mashpee Building Inspector of said violation with regard to <br /> all lots in the Great Hay Acres subdivision . <br /> 7) The provisions of MGL Ch . 40A, Section 6 , the Zoning By-law and <br /> Condition #4 of the Special Permit also require that the Great Hay <br /> Acres open space parcels , including the 20 . 6 acres proposed to be <br /> subdivided , be owned by a corporation or trust owned or to be <br /> owned by the owners of the lots within the subdivision . As all <br /> lots appear to have been deeded out , said open space should <br /> currently be owned by such a homeowners association . The <br />