05/22/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 22,2019 Mr. Morgan Peters, 201 Main Street is a direct abutter stating that he was under the impression that the curb cut was not allowed, and asked why the Board can approve this proposal to be buildable and divided into two lots. Mr. Bonvie said the Board denied the Variance but it did not have anything to do with a curb cut. The proposal did not meet the Variance criteria under M.G.L. 40A. However, under the M.G.L. 40B program,the applicant is exempt from certain rules and regulations. The Habitat for Humanity representatives are not making a profit. Mr. Brodie said they lose $70,000 on each home. There were no more comments from the audience or Board. Mr. Bonvie made a motion to issue a Comprehensive Permit under M.G.L. 40B §§20-23 and 760 CMR 56.00 to Habitat for Humanity of Cape Cod, Inc. at 341 Great Neck Road North, Mashpee, MA. In issuing this approval the Board finds that this application meets all the criteria of the 40B requirements under the local initiative program with the following conditions; 1. The driveway/roadway will remain private in perpetuity and will be maintained by the homeowner's association which is made up of the two homes that use that roadway. 2. The applicant will come to a mutual satisfactory agreement of all Charles Rowley's comments included but not limited to those outlined in a letter dated May 7, 2019 to the Town of Mashpee, Planning Board Town Hall Attention Mary Waygan, Chair. 3. All comments read into the record will be part of this permit included but not limited to the DPW comment. 4. The Petitioner is responsible for the preparation and execution of any document that may be required by DHCD in order to have the home(s)included on the Town's Subsidized Housing Inventory. 5. The Petitioner shall be responsible for recording this Decision with the Barnstable County Registry of Deeds and shall provide evidence of such recording to the Inspector of Buildings and the Zoning Board of Appeals. 6. The Petitioner will in good faith do everything in his or her powers to obtain at least one of these units into the local initiative program. 7. Prior to the issuance of the Certificate of Occupancy for either locations,that there be placed language in the deed(s),that they shall maintain their affordability if sold in perpetuity. The language should be reviewed by town council first and once approved,then a Certificate of Occupancy shall be issued. 9