03/13/2000 SELECT BOARD Minutes - Laserfiche WebLink

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Board of Selectmen Minutes March 13, 2000 OLD BUSINESS: Joe Weinstein—Great Hay Development Selectman Marsters stepped down for the above referenced discussion. For disclosure, Selectman Cahalane indicated that he does not have any conflict of interest in the discussion relative to the Great Hay Development proposal. Selectman Leveille presided. Joseph Weinstein was present with his counsel to discuss the Board's previous action to deny his request to build four bedroom homes in the Great Hay development proposal. It was noted that the former developer/lot owner deeded an area of open space in the subject development to the Town of Mashpee in determining the nitrogen loading impact prior to the sale of the land to Mr. Weinstein. In order for Mr. Weinstein to go forth with his proposal to build four bedroom homes in the cluster subdivision, the Selectmen must vote to place an article on the Town Meeting warrant, and said article must be approved by the voters at Town Meeting. It is necessary that a deed restriction to be placed on the open space area. As a result of the new Title V regulations, a restriction for two bedroom houses would have been placed on the developer. The lots are between 20,000--25,000 square feet. One bedroom is permissible per 10,000 square feet in accordance to newly adopted regulations. It was noted that Mr. Weinstein perked the lots last year for three bedroom homes. His permit would then fall within the grandfather clause for three bedroom homes. Mr. Weinstein indicated that there may be a discrepancy in the Board of Health's review of the proposal. He stated that he was told that he could build four bedroom homes in the development before he purchased the land and conducted the percolation tests. The Board agreed that this is an unusual circumstance with the Title V change and land which was deeded to the Town before it was sold to the developer. After careful review, the Selectmen denied the request.