05/25/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 25, 2011 MINUTES • total of 110 fcct in order to accommodate Conservation's requirements. Mr. Slavinsky said that the Petitioner owns all of the salt marsh area shown on the plan. No comments were received from abutters. Mr. Blaisdell made a motion to grant the Special Permit. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Vote was unanimous. This Decision is conditioned upon compliance with Cape & Islands Engineering plan entitled: "Raised Wooden Walkway, Pier, Ramp & Float, Proposed Site Plan Located in Mashpee, Mass. Prepared for Jeremy Stevenson, Date: Feb.. 10, 2011, Revd. May 10, 2011 Remove 64' of Walkway, Remove 4' Pathway & Move Proposed Pier to the Vicinity of the Existing Dock". 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 in an R-3 zoning district at 24 Russell Road (Map 120 Parcel 129A) Mashpee, M.A. Owner of record: John L. and Cynthia J. West. Continued from February 9, February 23, March 23, 2011 Public Hearings and closed to Public Testimony at April 13, 2011 Public Hearings. Continued from May 11, 2011 to allow for Town Counsel opinion. • Mr. Nelson announced that due to illness of a Board member, only four members of the Board are eligible to sit on this Petition. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush and William A. Blaisdell and Associate Member Ronald S. Bonvie. Attorney Patrick Costello said that he is satisfied.with the accuracy of the site plan showing configuration of the master parcel as slightly in excess of 40,000 square feet of upland. Mr. Nelson said that he accepts Attorney Costello's opinion and will no longer pursue that issue. Attorney stated that the proposal to pave Russell Road met with some resistance from the Conservation Commission because of the creation of an impermeable area. The Petitioner received approval from the Board of Health for a Title V septic system. Attorney Costello stated that the Board of Health also issued a well permit to the abutter at 333 Monomoscoy Road. That application did not reference the septic system permit that had been issued earlier in the year.for the subject property. Attorney Costello said that the septic system permit issued in February 2011 is valid. Attorney Costello said that denials of Chapter 40B proposals are typically based on concerns with public safety, health and welfare, increase of density, overcrowding issues, excessive burden on abutters, travelers on ways, as well as Police and Fire access issues. The Board must have a very compelling set of factual circumstances to override the presumption for local need of affordable housing. • Mr. Blaisdell made a motion to approve the Petition for a Comprehensive Permit. This will be conditioned upon compliance with the draft Decision composed by Attorney Costello.