02/09/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS February 9, 2011 Minutes is In response, Mr. Nelson said: "To the best of my knowledge, all Town Boards have conformed to the Open Town Meeting Rules. I know of nobody on any Board that has violated anything up to the moment, despite what the client says here". Attorney Warren Brodie represented the Petition. Habitat for Humanity of Cape Cod, Inc. Past President Donald Dickinson and Executive Director Vicki Goldsmith attended the meeting. Mr. and Mrs. West, owners of the subject property, were also present. Attorney Brodie said that Habitat for Humanity of Cape Cod, Inc. (The Petitioner) is a non-profit corporation and a 501(c)3 charitable corporation under Federal statutes. He said that The Petitioner has built over 70 homes on Cape Cod in the last 20 years. The Petitioner and Mr. and Mrs. West have entered into a conditional purchase and sale agreement for purchase of a portion of the subject property for a sum of $25,000. The Petitioner is requesting waivers of any ZBA fees. The West family resides on the subject property along with tenants in the accessory apartment in the dwelling. The Petitioner's application for Community Preservation Committee funds to fund the purchase of the property from the West family was denied. The Petitioner has received a letter in support from the Mashpee Board of Selectmen which is a prerequisite to filing a Project Eligibility Letter under the Local Initiative . Program (LIP) of the Department of Housing and Community Development (DHCD). DHCD approved the project on November 15, 2010 for project eligibility under the LIP, thereby providing The Petitioner. with a subsidy required by the Comprehensive Permit statute. Under LIP, The Petitioner must also demonstrate that the development will be consistent with local needs. Attorney Brodie said that the West family obtained approval from the Planning Board for subdivision of the subject property. Subdivision of the property will create two lots with one consisting of 40,000 square feet of land and the other consisting of 10,059 square feet of land. The Petitioner is requesting relief from Section 174-31 of the Zoning By-laws concerning lot size requirements to allow for construction of the Habitat home. Attorney Brodie stated that the proposed lot would have 150 feet of required frontage on Russell Road and will meet the setback requirements. He said that creation of the small lot will be adequate for construction of a one-story, three-bedroom, 1,324 square -foot home with two parking spaces. Attorney Brodie said that several of the lots directly across from the subject property are smaller than the proposed lot. He said that the proposed construction is more than 100 feet from the wetlands and the flood hazard zone. Attorney Brodie said that The Petitioner believes that the development is appropriate for the neighborhood which is a mixture of small, medium and large houses. • The Board of Health memo sent to the ZBA stating that plans have been approved for a three-bedroom dwelling with a proposed conventional Title V septic system. C