07/12/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals EA Fish Asher's Path, LLC 10 Comprehensive Permit Chapter 40 B SP-06-47 Day, Thanksgiving, Christmas Eve or Christmas. No construction may begin before 7:00 a.m. nor continue past 5:00 p.m. 22. Snow and ice removal shall be the responsibility of the Applicant. The Final Site Plans shall indicate a suitably sized and located area for snow storage. Snow and ice removal shall be undertaken as soon as is practicable after snowfall and shall not impede or obstruct the roadway and driveways or the sight lines thereon and so as not to impede or obstruct the hydrants. Accumulated ice on the roadway, driveways and parking lots shall be promptly removed or sanded such that vehicles may pass safely. To the extent practical, use of sodium-based de-icers shall not be utilized. 23. The building in the proposed development shall be considered non-conforming and no exterior alterations, expansions or changes that render it more non- conforming shall be permitted without an approved project modification under the provisions of 760 CMR 31.03 . 24. Water-saving devices'shall be utilized throughout the buildings. 25. This permit shall not be valid until recorded with the Barnstable County Registry of Deeds and evidence of such recording is provided to the Inspector of Buildings and the Board of Appeals. 26. Pursuant to the provisions of G.L. c. 44, S 53G, the Applicant shall pay the costs and fees of the consulting engineer and Counsel retained by the Board in performing any of the services contemplated herein. 27. Any and all easements that may be necessary shall be in a form approved by the Board's Counsel. 28. The term"Applicant" shall refer to the current Applicant and its assignees, successors, affiliates, subsidiaries or any other entity related thereto. 29. This permit shall expire if construction is not commenced within three years from the date it is filed by the Board with the Town Clerk. Commencement of construction shall be defined as the full construction of the foundation for the project's proposed building. 30. Any failure by the Applicant to adhere to any of the conditions herein shall constitute a violation of this comprehensive permit in its entirety, except that any finding, by any court of competent jurisdiction, that any condition hereof is unenforceable shall not otherwise affect the enforceability of the remainder of the conditions hereof.