2/12/2020 ZONING BOARD OF APPEALS Minutes

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FEBRUARY 12,2020 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES The work commenced on the road way, and the requirements of the subdivision is that all utilities such as water facilities, etc., and completion of the road construction are in place prior to issuance of building permits subject to,a recorded covenant agreement stating that they will guarantee to do so. Subdivision control law enables the Board to accept in replacement of that covenant agreement an adequate security which can be in the form of a cash bond; essentially a check deposit with the Treasure in an account with the Town to be drawn down by the applicant as work is completed. It can be in the'form of a performance bond issued by an insurance company, a surety company, or some other agreement that the Board finds adequate. The Board has received contractor quotes that represent the dollar value of the remaining work to complete the road way and installation of the utilities to complete according to the approved subdivision plan. Xis general practice of the Planning Board to accept the total value provided within those quotes for all the items included and add an additional 50%of the total dollar value as contingency. Evan said he reviewed those quotes that were submitted, and made a recommendation to Habitat.to establish the road monuments and identify the road layout which was provided by the applicant. This was another cost that was not built into the quotes. The set bond amount is completely within the discretion of the Zoning Board of Appeals. Evan said that the request from Habitat is to have the Zoning Board establish a bond amount so the two lots created by the Comprehensive'Permit may be released from the covenant so that the work.can commence to complete the construction, and transfer the titles of the properties to the homeowners. Evan prepared a release of covenant agreement form for those lots that.the Board can sign. ' Evan said he discovered a minor issue. Following the approval by the ZBA of the Comprehensive Permit, the Board signed a plan that depicted the road way known as Mendes Way. A notation on the plan being lot C was listed as a shared driveway. The Comprehensive Permit was for a two lot subdivision of a roadway,but the plan showed a three lot subdivision, and did not signify the roadway as a street but as a driveway which created issues with the Assessor.The confusion was the attention of the street to spread the maintenance and ownership responsibilities equally among the two owners.He had Habitat prepare a new plan that rectifies and removes the notation of Lot C (Mendes Way), and that change will be noted when the new subdivision plan is recorded to rectify the reason for the change that Mendes Way is a street and not a shared driveway, and that the street is not a third lot. There is no action required by the Zoning Board of Appeals for this plan,it is merely an administrative correction. Mr: Blaisdell said he reviewed the information with Evan and issued a recommendation for a bond amount based on the estimates submitted. Elizabeth accepted the amount of$21,757.50, and will be submitting a surety bond. 4