02/09/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS February 9, 2011 Minutes • If approved, the constructed house will be sold for $125,000 and will be designated as affordable housing for a family earning a maximum of 65% of the median income of Barnstable. The Petitioner is the mortgagee. The home will remain affordable in perpetuity. It cannot be rented. The Petitioner requires that the home must be properly maintained. Another requirement is that the family purchasing the home must contribute "sweat equity" into the constriction - 250 hours for a single -parent family and 500 hours for a two-parent family. Attorney Brodie said that Community Preservation Funds received by The Petitioner will be used to construct the home, not to purchase the lot. Mr. Nelson said that the site plan referred to as Exhibit A in the Petition is incorrect and shows that Lot 1 contains 11,642 square feet and Lot 2 contains 40,028 square feet. He said the site plan is entirely different from the plan being submitted to the Board now. Mr. Nelson said that Lot A must have a minimum of 40,000 square feet of upland. He also pointed out the discrepancy between the plan and the deed referred to in the Petition. The Board requested a plan showing the location of the upland on the subject property. Mr. Nelson said that Engineer Rob Sykes submitted a plan of the subject property to the ZBA in 2007 which shows a total of 51,670 square feet. The current plan submitted by Mr. Sykes shows that the property consists of 50,059 square feet of land. Mr. Nelson said that the older plan corresponds with the deed. . Mr. Donald Dickinson said that the parcel was re -surveyed and the plan was approved in August 2010 by the Planning Board. Mr. Nelson said that the property has been registered land from the beginning. The land court defined the distance on Monomoscoy Road and Russell Road and the property bordering the Hynds' property. At the end of the property, the Land Court refers to it merely as open water. Mr. Nelson commented that it is very unusual for the Land Court to leave a property open and reiterated that The Petitioner must submit a plan that shows the location of the upland line. Mr. Nelson said that the 150 feet of frontage is not required under a Chapter 40B Comprehensive Permit because the Board could decide to waive that requirement. He said that the proposed 10 -foot x 61 -foot strip of land will be worthless to the potential buyer. He suggested a revision of the plan with removal of the 610 -foot strip, which would enable The Petitioner to locate the proposed house 30 feet from Monomoscoy Road. Attorney Brodie claimed that The Petitioner was advised by the Town Planner to include that pork -chop strip on the plan in order to receive Planning Board and ANR approval. He said that The Petitioner would have no problem revising the plan. Mr. Nelson pointed out that the plan shows a portion of the travel way on Monomoscoy Road as actually lying inside the subject property. He said that he discussed the issue with DPW Director Catherine Laurent. The ZBA and DPW will meet with Town Counsel on February 18, 2011 to discuss this Petition. • Mr. Nelson said that the plan shows a portion of the neighbor's (Mr. and Mrs. Hynds) driveway lies within the subject property. Mr. Nelson inquired whether an agreement was being pursued between The Petitioner and the neighbors to allow the Petitioner to 7