6/1/2017 ZONING BOARD OF APPEALS ZBA Decision

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` �fo :l�n-of� a lip. 16 Grcaa:��`eck pad_'6r[1t.. iVaslipce,J)I7 ssczchusetts Q MASIIPEE ZONING BOARD OF APPEALS DECISION TO DENY A MODIFICATION TO A 40B COMPREHENSIVE PERMIT MOD-2017-34 Katherine M. (Donohue) McBrien Bk# 19110 37 Center St. Pg. # 313 (Map 36 Parcel 47 D) Doc. #986675 Mashpee, MA 02649 Doc. #986676 A Petition was filed on June 9, 2017 by 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. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on June 9, 2017 and June 16, 2017 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts GeneralLaws Chapter 40B and the Town of Mashpee Zoning Bylaws. On June 1,2017,the Board held a Special Meeting to determine if the-proposal was a substantial change or not. The Board determined that it required a Public Hearing and held a Public Hearing on June 28, 2017. On June 28, 2017, evidence was presented by the Applicant's Attorney and by others. The Public Hearing was then continued to July. 12, 2017 to hear closing arguments from. the Applicant's Attorney, the Applicant, the Affordable Housing Committee and final thoughts from the Board. Based on the information that was provided, the Board understood that the Applicant was well aware of the deed restriction terms at the time of purchase. The Board determined that any waiver of a deed restriction is an extraordinary action with respect to a 40B site. In view of the foregoing,the Board Members stated their position upon motion duly made and seconded at the Public Hearings on Wednesday,July 12,2017. The Board voted in the negative for granting to amend the original conditions to this location. (0 in favor/ 5 against). The common position of the Board Members, with lifting the deed restriction, was that the applicant was aware of the deed restriction(s) and a positive vote could be setting a precedent which could be detrimental to the Town's investment in the affordable/ moderate housing program. . 1