01/09/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Willowbend Development Corporation 4 Board of Appeals Golf Course Expansion V-02-16 access roads to the property and for walking, bicycle or golf cart paths approved r by the Planning Board or for areas where the legal owner of the abutting property has certified, in writing, that he has no objection to the elimination or reduction of said buffer strip if approved by the Planning Board. In addition, a minimum undisturbed buffer area of two hundred (200) feet in width shall be maintained between any water body or wetland as defined under M.G.L. Ch. 131, Section 40, excluding flood zones or land in agricultural use as defined in Mashpee Conservation Commission Regulation 24 (as in effect on August 25, 1999) for the Mashpee Wetlands Bylaw (Chapter 172 of the Code of the Town of Mashpee), and any area brushed or cleared for golf course or associated construction, except that the Planning Board may approve, by a four-fifths vote, a waiver allowing reduction of said buffer when the Board determines that said waiver would be consistent with the findings required under Section 174-24.C.(2), particularly with respect to its effect on water quality, wildlife habitat or fisheries, and the Mashpee Conservation Commission has determined that the proposed reduction is consistent with the provisions of the Massachusetts Wetlands Protection Act, the Mashpee Wetlands Bylaw and the Commission's regulations. Additional area, plantings, fencing or other similar items may be required by the Planning Board to protect adjacent property owners or natural resources from adverse impacts of the project or to protect the character of the neighborhood. A minimum of forty 40) percent of the site shall be left as open space in its undisturbed p p bed natural state, including any buffer areas required from water bodies or wetlands, but not including water bodies, wetlands, cranberry bogs or the fifty (50) foot wide buffer strips required above. Said open space shall be owned by one of the entities identified in Subsection 174-47.B.(6) and be made subject to a deed restriction, enforceable by the Town of Mashpee, providing that said open space shall be left in essentially its undisturbed natural state, except for pedestrian, equestrian or bicycle trails, minor clearing for water wells, pump houses and related access, provided that such activities may disturb no more than ten percent (10%) of such open space. Where a proposed golf course lies partly in another town, these requirements shall be applied to that portion lying within the town of Mashpee and the required 40% open space shall be located in Mashpee. The Planning Board may grant a reduction in the amount of said open space to no less than 35% if greater than fifty percent of said open space is to be deeded to the Town of Mashpee. SECTION 174-47.F No building constructed on the site shall be located within two hundred(200) feet of the exterior boundary line of the site. j SPECIFIC FINDINGS The Board determined that: L the circumstances relating to the unusual shape and sloping topography affect the subject lot and not the district in which it is located. a; i