03/23/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS. MINUTES MARCH 23, 2011 • The Board of Selectmen has indicated that it will not vote on the proposal from the Mashpee Community Preservation Committee to provide $25,000 for construction of the Chapter 40B home until the Petition receives ZBA approval. Mr. Nelson said that the driveway along the westerly side of the lot is used for boat access to the water. Mr. West said that, after he had his property surveyed, the abutter installed a fence on Mr. West's property. Attorney Brodie said that the Purchase and Sale Agreement stipulates resolution of that encroachment to ensure a proper title to the parcel. Mr. Blaisdell expressed his concern that the Board would be setting a precedent with creation of this undersized 10,000 square -foot lot. Attorney Costello said that this is not uncommon in Chapter 40B projects. He said that the most common waivers granted by the Zoning Board are dimensional requirements from lot area and frontage requirements. Attorney Costello said that the Board should focus on each lot individually. He said that granting this Petition will not create a precedent which would obligate the Board to grant every future Chapter 40B proposal. Each proposal must be considered on its own individual merits. Attorney Costello said that the statute establishing a local interest in creating affordable housing sets paramount significance. However, the Board must also weigh very seriously the public safety impacts and nuisance violations of each proposal. Mr. Nelson said that it is essential for the Petitioner's proposal to agree with the plan on file with the Town Planner showing Monomoscoy Road as a 40 -foot public way. • Attorney Costello said that it isnot unusual for ancient ways in Town to measure less than 40 feet in width. He suggested that the Board obtain a guarantee from the DPW that this proposal will not interfere with the layout and use of the road. Mr. Furbush questioned the placement of the bound recently set by Robb Sykes. Mr. and Mrs. West commented that they want Mr. and Mrs. Hynds to move their fence and the gravel road from the West's property. Mr. Nelson said that this issue should be resolved between the two families. Attorney Costello said that this can. be addressed in the Decision and is not a legal impediment to the Board. Attorney Costello reviewed the wording in the current deed to the property indicating rights to Russell Road. Mr. Blaisdell made a motion to continue the Petition until April 13, 2011. Mr. Dorsey seconded the motion. Mr. Blaisdell voted in favor. Mr. Furbush voted in favor. Mr. Nelson voted favor. Mr. Dorsey voted in favor. Mr. Bonvie voted in favor. Mr. Reiffarth returned to the meeting. OTHER BUSINESS Accent March 9, 2011 Minutes is Mr. Nelson made a motion to accept the Minutes. Mr. Furbush seconded the motion. Mr. Reiffarth voted in favor. Mr. Blaisdell voted in favor. Ms. Horton voted in favor. M