7/12/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 12, 2017 Chairman Furbush said to the Board that the department cominents will become part of the record. Mr. Blaisdell made a motion to approve the Written Finding for the hot tub installation, it's conditioned upon the revised site plan .Site Plan —Prepared for Michael Madnick of 27 Uncatena Road, Mashpec, MA., J.E. Landers-Cauley, P.E., Civil Environmental Engineering, PO Box 364, W. Falmouth, MA. Assessors #123-65, Date: 07112117, Scale: 1" =10', Drawn by: JDR, Job No. 2805, Sheet: 1 of 1. Conditioned on all Town department continents read into the record. Conditioned upon final approval of the site plan by Board of Health and Conservation. Mr. Pittsley seconded, yes, Mr. Furbush, yes, Mr. Goldstein, yes, and Mr. Gould yes. All were in favor of the hot tub installation. 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. Chairman Furbush announced that the same five Board Members will be sitting in on this hearing. He said that at the last meeting two weeks ago the Board heard testimony for approximately 90 minutes from both the Board and applicants. He does not want to revisit the same material. He only wants one spokesperson from each side to submitclosing statements for the applicants and from the Affordable Housing Committee. Attorney Peter Freeman returned representing the McBrien's who were also present. He addressed the Board stating that at the last hearing the Board was going to check with the Town. Attorney on some questions they wanted to address. The second point, that he wished to address, is that he stressed and acknowledged that he agrees that it is an unusual situation, but said it's really a hardship for his clients. He understands the Board's concerns to set a precedent. He said there were four (4) moderate units in this development, one was lost to foreclosure, and the neighbor that owns the other moderate unit was also present, so there is only one more unit in question. He said the concern that the Board has about a precedent given a statement from Bud Abbott of the Affordable Housing Committee at the last meeting; he recalls that he said he actually wasn't advocating on behalf of the Town that you grant the relief requested but that he agreed that the economics didn't work out. The moderate deed may have sounded good at the time but it just doesn't work. In terms of precedent, if another property owner of a moderate unit asked for the same relief the Board could grant it subject to the same conditions. They are only asking if they can sell it for the maximum market price. Katie McBrien said she reviewed the meeting from the last hearing, and said that it was explained that the moderate units are not counted. as part of the subsidized housing program, and that it was completely part of the agreement between Mr. McShane and the Zoning Board at that time in 2004. 2