12/10/2003 ZONING BOARD OF APPEALS Decisions

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4 3. The Applicant shall submit, to the Board of Appeals, a definitive and final plan, suitable for endorsement by the Board and recording at the Barnstable County Registry of Deeds, showing the layout of roadways and the configuration of house lots and open spaces properly labeled for their endorsement prior to conveyance of any portion of property subject to this comprehensive permit. The endorsement "block" shall not make reference to the subdivision control law and, instead, shall include the following notation: "Approved and endorsed under G.L. c. 40B by the Mashpee Zoning Board of Appeals." 4. To the extent permitted by law, the Board hereby allows for the creation of Lot 12 as a valid lot. However, nothing herein may be deemed an approval for the proposed commercial use of that Lot. As agreed by the Applicant, any necessary permits or approvals for the proposed commercial use must be obtained by conventional means within the normal operation of Mashpee by-laws and regulations. Nevertheless, any commercial use that is more substantial or intensive than the conceptual commercial use shown on the Plans is prohibited without review and approval by the Board. Additionally, any proposed residential use of Lot 12 requires the review and approval of the Board. 5. Except as may be otherwise conditioned hereby, the Board hereby grants all waivers that are necessary to construct the project shown on the Plans. Waivers are limited to the extent necessary to construct the project shown on the Plans. Waivers are further limited solely to the by-laws and regulations contemplated under G.L. c. 40B, §§20- 23. No other waivers are granted and all local by-laws and regulations not waived shall be enforced in their entirety. There shall be no waiver of permit or inspectional fees. Any subsequent revision to the Plans that requires additional or more expansive waivers must be approved by the Board in accordance with 760 CMR 31.03. 6. The Board finds that the location of the proposed houses is generally acceptable, although the final locations of the proposed houses shall be subject to the following: a. With the exception of the building on Lot 10, front yard setbacks shall be a minimum of 20 feet. The building on Lot 10 shall be no closer than is currently shown on the Plans. b. Side yard setbacks shall be a minimum of 10 feet and there shall be a minimum of 30 feet between all of the dwelling units. C. The Applicant shall attempt to provide variations in the front yard setbacks. d. The accessory buildings shown on the Plans (on lots 9 and 10) shall adhere to the above-referenced setback requirements. Storage sheds are permitted on the remaining lots provided they adhere to the above-referenced setback requirements, are less than 120 square feet, and are set back at least 10 feet from the rear property line. 7. Nothing herein shall constitute approval for a connection to a public water source. 8. Nothing herein shall constitute approval for the proposed share septic system serving the project.