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of TMs s,s <br /> z. <br /> AU�1MLIUV��y <br /> own qf MaS 2 Panning Board <br /> c� <br /> 16 Great Neck RoadNorth <br /> -Mashpee, -Massachusetts 02649 <br /> OLD BUSINESS <br /> 275 Quinaquisset Avenue, Southworth Mahpee Properties, LLC: Discuss and deliberate <br /> Re: the Special Permit modification submitted by Southworth Mashpee Properties LLC <br /> on remand from Land Court to add a 5.06 acre parcel to the Special Permit, and any <br /> related decision, condition, and mitigation. <br /> Amy Kwesell, Town Counsel, described some of the history with this Special Permit and its <br /> origination in 1987, then revised in 1991. The application was originally slated for 14 single <br /> family units, then was reduced to 12. They are seeking a modification to the Special Permit; <br /> the application is pursuant to provisions of a Remand Order issued by Land Court back to this <br /> Board. <br /> Under 174-24(C) and provisions of the 1985 Zoning Bylaw, the 1987 Special Permit would've <br /> allowed 341 units, they were permitted for 338, in 1991 it was reduced to 287. A new cap has <br /> been established at 285. <br /> The Town accounted for 855 bedrooms, while the applicant assumed 898, which has <br /> increased to 958 with the existing and permitted bedrooms. By adding the 48 that this proposal <br /> would generate, a total of 1,006 is established. The Applicants position stands that the <br /> Planning Board does not have jurisdiction, and this is dictated by DER The Board shall allow <br /> the proposed 48 bedrooms, plus an additional 85 bedrooms, to cover all areas governed by <br /> this Special Permit. The Applicant shall submit an annual report to this Board documenting <br /> number of bedrooms, until the 285th unit is constructed or annual reporting of bedrooms <br /> reaches 48 + 85 (133). <br /> The Planning Board finds Mashpee Ch.108 Flow Neutral Bylaw applies to subject property. <br /> The Board finds the subject parcel and bog system are in areas mapped as moderately <br /> sensitive archeological areas as identified in the PAL study. The Board accepted comment <br /> from the Tribe and expressed concern over ground disturbing. <br /> GHD was hired as a consultant who then informed that nitrogen values can only be reached by <br /> a pre and post construction testing program. <br /> The Board identifies the stormwater forebay in 65ft. buffer strip from prior decision. <br /> Site plans were reviewed by Consulting Engineer, Ed Pesce. All changes have been made to <br /> the engineers satisfaction. <br /> The bog falls within jurisdiction of Conservation Commission with a list of conditions. There will <br /> be an addition made: <br /> L.: The Planning Board strongly recommends the Conservation Commission require in <br /> their order of conditions, a report documenting pre and post construction total nitrogen <br /> loads downgradient of the bog restoration. <br /> 8 <br />