04/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL, 13, 2011 MINUTES • Habitat for Humanity of Cape Cod Inc.: Requests a Comprehensive Permit 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 Mashpee, MA. Owner of record: John L. and Cynthia J. West. Continued from February 9, February 23, and March 23, 2011 Public Hearings. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, John M. Dorsey and Associate Member Ronald S. Bonvie. Board Member James Reiffarth stepped down. The Board continued its deliberation on the Habitat for Humanity Petition. Mr. Nelson said that Attorney Costello "wants all the Board Members' ideas so he can write the Decision". Mr. Furbush said that he is not in favor of splitting the lot. He said that he hasn't heard anything to change his mind. Mr. Furbush said that the Board will be sending the wrong message of splitting single-family lots to create a smaller lot to be used as a Chapter 40B for one house. He said that he does not believe the 40B law was created for the particular purpose of subdividing single-family lots. Mr. Dorsey disagreed with Mr. Furbush. He said that the Petitioner has tried to conform to the ZBA's demands and this has gone on long enough. He said he can't see denying Habitat for Humanity after all the plan revisions that the Board has demanded. Mr. Dorsey quoted • Attorney Costello's statement that this would not be setting a precedent. .Mr. Hinden agreed with Mr. Furbush and said that this sets a very bad precedent of having single-family lots turned into 40B housing. He said that the intent and spirit of 40B housing law was to take parcels of land where multiple dwellings could be built for affordable housing. Mr. Furbush said that would also allow for open space. Mr. Hinden said that Chapter 40B was not created to allow someone to subdivide their lot to make money and. circumvent the spirit of the law. Mr. Furbush appreciated that Habitat has tried to meet the Board's requests and that the attorneys have worked diligently on the Petition. He said that the project has been flawed from the beginning. Mr. Blaisdell said that the Board works hard to approve Habitat projects. He said that he has a problem with this proposal. Mr. Nelson said that a Chapter 40B requires a simple majority vote of the Board - a vote of three Members. The Board requested that the following documents be sent to Attorney Costello: • Dates/Minutes of Hearings. • Date of site visit. • • Copies of all the submitted plans (final plan needs a definitive line showing the location of the upland and showing square footage of all of the upland). E