02/23/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY 23, 2011 MINUTES Portion of street lies within the subject property. It's de minimis and could be mitigated with the Town. ' Mr. Nelson suggested that the Petitioner should consider talking to the abutter before installing a fence down the abutters' driveway. Mr. Nelson said that the Petitioner should try to resolve small issues now that may become large issues later. Attorney Brodie said there is no adverse possession against registered land, which, in Massachusetts is a way of acquiring title to real property by physically occupying it for a long period of time without the consent of the actual title holder. However, property registered through the land court cannot be adversely possessed. Referring to Mr. Sykes' statement that Monomoscoy Road does not encroach on the property, Mr. Nelson said that the plan stamped by Mr. Sykes shows that an edge of Monomoscoy lies inside the lot. He also said that he street signs and mailboxes encroach on the parcel. Mr. Nelson said that the Board is trying to protect the interests of the Petitioner and the West family. During the February 18`h meeting, Attorney Costello also said: "Mandate of Chapter 40B is that it empowers the ZBA to waive local zoning requirements. A Chapter 40B proposal does NOT NEED PLANNING BOARD APPROVAL. I will talk to Habitat's attorney, who should be aware of this. ZBA assumes authority over all local Town boards and committees, except for Conservation • ommission. The proposal must meet STATE standards, i.e. WPA (Wetlands Protection ct). If the ZBA contemplates allowing this proposal, it could have the Petitioner remove the pork chop from the plan and revise the purchase and sale agreement to reflect the change. Petitioner should be required to maintain at least the minimum lot requirements on the developed portion of the lot. This would require a new survey." Mr. Furbush said that the Board asked for a revised plan two weeks ago. Mr. Nelson clarified that the Board is requesting a plan: • showing the total amount of square footage covering the entire subject property. • allotment of 40,000 square feet of upland on the developed portion. • showing the balance to be used for the proposal. • identifying upland from wetlands. • removing the pork chop from the newly created undersized parcel, making it a rectangular shape. Attorney Brodie agreed to confer with Attorney Costello to identify all the waivers from the land space and setback requirements that the Petitioner would need to request from the ZBA. Mr. Dickinson asked about the encroachment on the road. Mr. Nelson said that DPW Director Catherine Laurent does not plan to change the travel way of Monomoscoy • Road. If re -paving is done, DPW will make sure to move the paving. Mr. Furbush said that the Petitioner should get something in writing from DPW. 7