05/25/2011 ZONING BOARD OF APPEALS Minutes

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� `a MASHPEE ZONING BOARD OF APPEALS MAY 25, 2011 MINUTES • Mr. Bonvie seconded the motion. Mr. Nelson voted yes. Mr. Furbush voted no. Mr. Blaisdell voted no. Mr. Bonvie voted yes. Vote did not carry. Attorney Costello advised the Board to make a motion to deny the Petition since the vote to grant did not carry. Mr. Blaisdell made a motion to deny the Petition. Mr. Furbush seconded the motion. Mr. Bonvie voted no. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Nelson voted no. Mr. Brodie asked for a statement of reasons for the denial, which Mr. Blaisdell read. They are as follows: This proposed single family home will be built on a substantially undersized parcel of land, which has an area well below the 40,000 square foot minimum lot size established by § 174-31 of the Mashpee Zoning Bylaw ("Bylaw") for lots within an R- 3 District. The density of this proposed Project far exceeds the density limits currently in effect for residential developments under provisions of applicable Bylaws, Regulations and/or Codes. • Even with potential conditions to mitigate negative impacts, the development of a single family house on this undersized lot would pose significant health and public safety impacts for the residents of the proposed structure as well as owners/occupants of neighboring parcels. • • Even with potential conditions to mitigate negative impacts, the creation of a new, non -conforming lot and development of a single family house on said newly created, non -conforming lot would be inconsistent with the purpose, intent and objectives of the Mashpee Zoning Bylaws, Subdivision Rules and Regulations, Master Plan and Affordable Housing Production Plan. Even with potential conditions to mitigate negative impacts, the development of a single family house on a newly created undersized/non-conforming lot would not advance the planning and regulatory efforts of the Town of Mashpee, which do acknowledge and foster the development of affordable housing in the Town, however, also emphasize a need to maintain conformity with applicable land use regulations and to avoid the creation of non -conforming lots, structures and uses. • Even with potential conditions to mitigate negative impacts, the development of a single family house on this newly created undersized/non-conforming lot is not consistent with the local needs of the Town of Mashpee for the reasons stated hereinabove.. OTHER BUSINESS Affordable Housine Association of New England v. Town of Mashpee Zoning Board of • Appeals: Barnstable Superior court C.A. No. BACV2008-00517 regarding property located in an R-5 zoning district at 72-72A Main Street (Map 47 Parcel 59) Mashpee, MA. Discuss terms of Settlement Agreement.