04/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES APRIL 13, 2011 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, April 13, 2011 at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, John M. Dorsey and Associate Members Peter R. Hinden, Ronald S. Bonvie and Judith M. Horton were present. Chairman Robert G. Nelson opened the meeting at 7:00 p.m. and announced that the hearings were being televised live. CONTINUED HEARINGS Habitat for Humauitv 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. Attorney Warren Brodie referred to the site visit conducted on April 4, 2011 by ZBA Chairman Robert G. Nelson, Building Commissioner Richard Stevens, Conservation • Commission Agent Andrew McManus, Director of Permitting and Site Acquisition for Habitat for Humanity, Donald Dickinson and Land Surveyor Robb Sykes. Attorney Brodie said that the purpose of the site visit was to determine the precise location of the high tide line on the lot where it abuts water. Mr. Nelson said that the Board was not challenging the location of the high tide line. He reiterated that the Board is looking for a plan with a line showing where the upland is. Mr. Nelson questioned the additional square feet calculation with the dimension of 20.35 feet on the Russell Road side of the subject property compared to the March 23, 2011 plan showing 14.79 feet on that side. Mr. Sykes said that the site visit was not conducted to establish high water or wetland. He said that the line on the March 23`d plan was a tie line, not a property line, not a high water line. He said that the boundary along the tie line is indeterminate. Mr. Sykes said that he located the line by instrument right after Mr. Nelson left the site. He said that Mr. McManus stated that the high water line, which is the property line, is where the water touches the sand. This is actually 15 feet closer to the water than where the stakes have been set. Mr. Nelson said that the Board should have been informed that the line was going closer to the water than what was shown on the previous plan. Mr. Nelson said that he does not agree with what is shown on the plan because there is a bank on the property and the Board needs that second line drawn on the plan indicating where the upland is. Mr. Sykes said that wetland and bank have different definitions. He also stated that it's either wetland or upland and they're on the same line. Mr. Nelson disagreed. Mr. Sykes said that • Mr. McManus has determined that there is no wetland resource on this site. Mr. Bonvie said that if there is no BVW inclusive of bank, etc. high water is the extent of upland.