02/23/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY 23, 2011 MTNUTES is • replacement of Page C-2 Layout and Materials Plan of the above -referenced plan with the latest revision date of 2/16/11. • approval for signage from the Design Review Committee is required. • petitioner will submit copies of final signage approval to the ZBA. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Dorsey voted yes. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Attorney Ford requested Withdrawal Without Prejudice of the Petition for a Variance. Mr. Nelson made a motion to accept the request. Mr. Furbush seconded the motion. Mr. Dorsey voted yes. Mr. Blaisdell voted yes. Mr. Bonvie voted yes. Mr. Nelson voted yes. Mr. Furbush voted yes. Habitat for Humanitv of Cape Cod, Inc.: Requests a Comprehensive Pen -nit under Massachusetts General Laws Chapter 40B to allow for construction of a single-family home on property located at 24 Russell Road (Map 120 Parcel 129A - tentative address contingent upon final ZBA approved plan) Mashpee, MA. Owner of record: John L. West and Cynthia J. West. Continued from February 9, 2011 Public Hearings. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, John M. Dorsey and Associate Board Member Ronald S. Bonvie. • Attorney Warren Brodie represented the Petitioner. Habitat for Humanity Director of Permitting and Site Acquisition Donald Dickinson and Executive Director Vicki Goldsmith also attended the meeting. At the Public Hearings on February 9, 2011, the Board asked the Petitioner to submit a revised plan showing the 40,000 square feet of upland on the developed portion of the property. Mr. Nelson explained that this plan was imperative in order for the Board to establish the 40,000 square feet of upland on the lot. The balance of the square footage to be used for the proposal could then be calculated. Attorney Brodie said that the Petitioner has far exceeded the legal requirements for submission of preliminary plans and is not required to submit anything more than that. Attorney Brodie read the regulations under the Comprehensive Permit statute 760 Code of Massachusetts Regulations (CMR) Section 56.05(2) concerning local boards: "2) Elements of Submission, Filing Fees. The Applicant shall submit to the Board an application and a complete description of the proposed Project. The Board shall not require submissions for a Comprehensive Permit that exceed those required by the rules and procedures of Local Boards for review under their respective jurisdictions. (a) preliminary site development plans showing the locations and outlines of proposed buildings; the proposed locations, general dimensions and materials for streets, drives, parking areas, walks and paved areas; and proposed landscaping improvements and open areas within the site. An Applicant proposing to construct or rehabilitate four or • fewer units may submit a sketch of the matters in 760 CMR 56.05(2)(a) and (c) which El