08/08/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Willowbend Development Corporation 3 Board of Appeals V-01-84-1, V-01-84-2, V-01-84-3, V-01-84-4, k V-01-84-5, V-01-84-6, V-01-84-7, V-01-84-8, V-01-84-10, V-01-84-11, V-01-84-14, V-01-84-15, V-01-84-16, V-01-84-18, V-01-84-20, V-01-84-9, V-01-84-12, V-01-84-13, V-01-84-17, V-01-84-19 i' above-referenced Variances. On February 14, 2001, the Board granted an extension for an additional 6 Variances. On July 20, 2001, prior to the expiration of the extension, the .II Petitioner filed for Variance relief from the lot size requirements for 20 of the original 35 lots. At the Public Hearings held on September 19, 2001, the Board voted unanimously to grant Variance relief on 4 of the 20 lots and continued the remaining applications to October 10, 2001. On October 10, 2001, the issue arose as to the validity of the original r� Variances granted in 1998 and the Board elected to consider the matters as an unresolved question from the Zoning Enforcement Officer pursuant to M.G.L. Chapter 40A §8. Attorney Mills proposed that the Petitioner has exercised its rights pursuant to the Variance of 1998 and has fulfilled all of the conditions within grant of the first year after their issuance. The Petitioner installed roads, Town water hook-ups, sewage plant and public utilities at an expense of more than $2,000,000 within the first year of the grant of the Variance. Massachusetts General Laws Chapter 40A §10 states: "If the rights authorized by a Variance are not exercised within one year of the date of grant of such variance such it rights shall lapse..." No comments were received from abutters. In view of the foregoing and upon motion duly made and seconded the Mashpee L Zoning Board of Appeals voted unanimously on October 10, 2001 to determine that the Petitioner has exercised its rights pursuant to original grant of Variances issued on July 22, 1998 by fulfilling all of the conditions and has completed substantial performance under the Variances. The Board determined that the Petitioner's rights are deemed vested under the Variances and no further extensions are required. This Decision for Substantial Completion is conditioned upon compliance with the recommendation of the Board of Health that development of each of the proposed lots shall include connection to the sewage treatment plant. i 'i ' I i iii