01/09/1991 ZONING BOARD OF APPEALS Decisions

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Board of Appeals James Circle Realty Trust 3. These Variances are subject to the following conditions: 1 . Pursuant to an offer• made by the Petitioners, to convey Parcel "A" shown on petition plan and all other beach and recreation areas owned by petitioner within John' s Pond Estates to the John's Pond Estates Association for• no consideration for• the use of Association members, the same shall be a condition of approval and shall take place with sixty (60) days of final approval of variance. Parcel "A" consists of 2. 71 acres and the beach and recreation area is 6, 170 sf on Assessor' s Map 64, Block 66. 2. Pursuant to an offer made by the Petitioners, the Deed to the lots shall contain a restrictive covenant to compel future owners to become members of John' s Pond Estates Association and maintain membership in good standing. 3. Any structure to be built on the lots will require written plan approval by the Mashpee Design Review Committee to be presented to the Building Inspector• prior to the issuance of any building permit for• the express purpose of insuring that all future construction is consistent with existing architectural style types in the neighborhood in order• to prevent adverse impact or detriment to the existing neighborhood. Any refusal of plan approval may be appealed to and finally resolved by the Zoning Board of Appeals after• a public hearing. 4. Upon public water• becoming available, the owner of the lot shall tie into the public water• system within six (6) months and shall discontinue the use of well water• for- any potable water supply purposes. 5. No occupancy permit for• any structure is to issue until improvements to James Circle have been completed by the Town of Mashpee. This provision may be waived, for• good cause, upon application to the Zoning Board of Appeals and a public hearing. The good cause r•eferr•ed to shall mean any event beyond the reasonable control of the owner•, such as delay by the Town in improvements to the road. 6. No Building Permits shall be issued unless the above mentioned conditions 1 through 5 ar•e completed.