6/28/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 28, 2017 Mr. Cauley requested that the Board provide him any further questions prior to the next meeting so he is prepared. Vice Chairman, Bill Blaisdell made a motion to continue the hearing until Wednesday, July 12, 2017 at the request of the applicant. The Board wants to secure comments from the Board of Health and Conservation regarding the drainage of the hot tub. Mr. Goldstein, seconded, yes. Mr. Furbush, yes, Mr. Pittsley, yes, and Mr. Gould, yes. All were in favor to continue the hearing until July 12, 2017. 37 Center Street: Owner, Katherine M. McBrien requests a modification to the moderate housing restriction set forth in a Comprehensive Permit issued in 2004 under M.G.L. c.40B, §21, on property located in an R-5 Zoning District, (Map 36 Parcel 47 D), Mashpee, MA. Attorney Peter Freeman, with Freeman Law Group representing the McBrien's who were also present. Mr. Freeman said that the McBrien's request is unusual as it relates to the deed rider, and he understands that the Board considers their request a substantial change. Mr. Freeman briefly explained the particulars of the deed rider and his experience with 40B applications. He gave a brief history about 40B projects and that they were created in 1969 and have been in effect to the present day. However, there were no for sale units developed until the 1980's because it was anticipated that there was a need for rental developments. He said that Mass Housing started the program in the 1980's when prices had "sky rocketed". The goal was aimed at creating affordable units to households earning no more than 80% of the area median income. But the McBrien's unit is considered a "moderate" unit. The State agencies could change the income Iimits so that units above 80% median income would count toward the subsidized housing being 10% for the Town's housing inventory. A moderate unit such as this one where buyers who earn 120% isn't even within a 40B. The Board has the right to impose it, and the developer accepted it on this project, but most projects don't have moderate income unit requirements. Mr. Freeman said that some towns feel there is a need for moderate income units, but the market fluctuates. Mr. Freeman said the McBrien's situation is purely related to the housing market and the prices of units that are not restricted in any way versus the maximum resale price of the so called "moderate" income unit. The first thing to explain is that a "moderate" unit is sold to people who earn up to 120% of the area median income which is not considered a low or moderate income unit even though the technical term under the 40B says "moderate". It is not considered an affordable unit and counts on the subsidized housing inventory under the 40B because all the units for the households who own the units earn up to 80% of the area median income counts and should not have any effect on the subsidized housing inventory. Chairman Furbush asked Mr. Freeman if a developer benefits from a 40B to get around zoning. 2