07/20/2011 ZONING BOARD OF APPEALS Minutes

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`yuwq • NSe.x�' u* `roman of Mashpee 16 Great wreck Road Anh Washpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS MINUTES — EXECUTIVE SESSION JULY 20, 2011 The Mashpee Zoning Board of Appeals held a meeting on Wednesday, July 20, 2011 at 3:15 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush and William A. Blaisdell and Associate Board Member Ronald S. Bonvie were present. Associate Board Member Judith M. Horton also attended the meeting as an observer. Attorney Patrick Costello joined the meeting by telephone. CONVENE OPEN SESSION At 3:15 p.m., Chairman Robert G. Nelson convened open session. At 3:15, he made a motion to immediately adjourn to Executive Session. He stated the Purpose of Executive Session. Commonwealth of Massachusetts Department of Community Affairs Housing Appeals • Committee Case No. 2011-01: Habitat for Humanity of Cape Cod, Inc. v. Zoning Board of Appeals of Mashpee. Discussion of Board's course of action in response to Petitioner's Appeal of Board's June 25, 2011 Decision to Deny a request for 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, MA. Owner of record: John L. and Cynthia J. West. Next, Chairman Nelson announced that Open Session will not reconvene. See Executive Session Roll Call Vote attached to this record. At approximately 3:17 p.m., Attorney Patrick Costello joined the meeting by telephone. He said that he attended the Mandatory Counsel's Conference on July 7, 2011 before Housing Appeals Committee (HAC) Chairman Werner Lohe. Attorney Costello reminded the Board that a denial of a Comprehensive Permit requires proof by the ZBA of very substantial public safety, health or welfare issues that would preclude development of the property or override the significant local need for affordable housing. Attorney Costello said that the HAC Commissioner noted the fact that the ZBA has a very positive attitude toward affordable housing. However, Attorney Costello said that it would be difficult for the ZBA to defend its denial of this case upon Appeal. He said that the ZBA's chances of prevailing in this case are less than 25%. Attorney Costello said that the Chairman of the HAC, Werner Lohe, will be the sitting Hearing Officer in this case. After the Counsel's • Conference on July 7, 2011, Mr. Lobe strongly suggested that in the absence of significant zoning issues, the HAC will base its decision on issues such as house design, site design and whether the proposal fits in reasonably well with the other houses in the neighborhood. Mr. Lobe also indicated that he considers diversity in a neighborhood a great idea.