03/23/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES MARCH 23, 2011 In response to the Board's request that the subdivision plan provide the Wests with a parcel of land having a minimum area of 40,000 square feet of upland and the balance of the original West parcel be a lot rectangular in shape, Habitat requested of Robb Sykes of Eastbound Land Surveying the following: 1. A delineation of any wetlands along the property line of the West property that abuts the Little River. 2. The preparation of a subdivision plan showing the area of the West Property, after subdivision to be not less than 40,000 square feet and the shape of the new parcel to be rectangular. In response to these requests, Robb Sykes requested Drew McManus, the Conservation Agent for the Town of Mashpee, to delineate the area of any wetlands along the property line that abuts Little River. Mr. McManus performed the wetlands delineation service on March 9, 2011 and he then sent a letter to Robb Sykes, a copy of which is enclosed, which states in pertinent part: After walking the property in the area where it abuts Little River, there was no evidence of salt marsh or bordering vegetated wetland above Mean High Water. Robb Sykes then prepared a new sub -division plan showing the following: 1. The area of the West property after subdivision is 40,012 square feet. 2. The new parcel is rectangular in shape and is 10,047 square feet in area. A print of the Sub -Division Plan is attached. Upon Robb Sykes completing the subdivision plan, Peter McEntee of Engineering Works, Inc. prepared a new Site Plan to reflect the change in area and the shape of the new parcel. A print of the new Site Plan is attached. Regarding several other issues that were discussed during the hearing of February 23, 2011: ♦ Habitat will work with the owners of the mailboxes that currently are on the parcel and relocate them to the property line. ♦ Habitat will work with the Town to relocate the street signs to the property line. ♦ The apparent encroachment of Monomoscoy Road onto the new parcel may have resulted from reading a contour line as the edge of the pavement. In fact the edge of the pavement is several feet into the right-of-way from the West's property line. Habitat's attorney, Warren Brodie, has conferred with Town Counsel, Patrick Costello, concerning several of these issues. Habitat looks forward to reviewing this material with you during the next hearing of March 23. Very truly yours, Donald S. Dickinson cc: Victoria Goldsmith Warren Brodie Robb Sykes Peter McEntee