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07/20/2011 ZONING BOARD OF APPEALS Minutes
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07/20/2011 ZONING BOARD OF APPEALS Minutes
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MASHPEE ZONING BOARD OF APPEALS <br />MINUTES - EXECUTIVE SESSION <br />• JULY t2011 <br />Attorney Costello said that if the Board is interested <br />estedsteel <br />iii a settlement, this can be done with <br />Habitat's counsel or through the formal mediation process. The HAC offers 8 hours of <br />mediation service free of charge in which the parties involved meet in conference in a <br />formal mediation to discuss settlement. <br />Attorney Costello said that if the Board wants to pursue this case, he has to prepare a very <br />detailed brief with statements of the facts, legal arguments, witness lists, documents lists, <br />etc. by August 4, 2011. He said he would be happy to do so, but cautioned the Board that <br />this will be a very costly undertaking for the Town in litigation fees. <br />Attorney Costello said that it is very likely that the abutters, Mr. and Mrs. Steven Hynds, <br />will try to interfere with issuance of the Comprehensive Permit. <br />Mr. Furbush questioned if the Board is wasting its time in pursuing this Denial. Attorney <br />Costello said that the HAC is an agency that is very much pro affordable housing and will <br />most likely overturn the Board's denial. He mentioned a situation in another Town in <br />which a three-family structure was denied in a very tightly developed neighborhood <br />because the Fire Chief had legitimate concerns with access. The HAC overturned the <br />Denial as insufficient grounds and ruled that as long as ladders on the truck could reach the <br />building, the need for affordable housing superseded that safety concern. <br />Attorney Costello said that Fire Chief Baker has no problems with this project. The Board <br />of Health has issued a septic system permit. Neither Police Chief Rollins nor DPW <br />Director Catherine Laurent has expressed concerns with the project. Attorney Costello <br />said that there are numerous other properties in the vicinity of 24 Russell Road of similar <br />or smaller size as this proposal. He said that there is no record of any emergency vehicle <br />access issues in this area. <br />The Board discussed whether paving should be installed on frontage on Russell Road in <br />order to be consistent with the Town's general policy of only allowing new residential <br />developments on paved roads. Attorney Costello said that he is waiting for a return phone <br />call from Conservation Commission Agent Andrew McManus. The Conservation <br />Commission has indicated that it is opposed to additional paving and prefers not to have <br />more impermeable surfaces in a flood plain. Attorney Costello advised the Board not to <br />insist on the paving if Conservation has flood plain/wetlands restrictions. At 95 feet long <br />and 18 feet wide, Mr. Bonvie estimated that paving would cost approximately $3,000 to <br />install 1 % inches of asphalt. Mr. Furbush said he considered it silly to pave only a portion <br />of the road in front of the new home. Attorney Costello said that the road might look <br />worse with partial paving of the road. Mr. Bonvie insisted that he wanted the Petitioner to <br />install paving. Mr. Nelson agreed. <br />Attorney Costello said that the Town tactfully disclosed to Habitat that the Town was not <br />very pleased with the Appeal; particularly when the ZBA has worked so cooperatively <br />with Habitat and the Town has donated land to Habitat for affordable housing projects. <br />• Attorney Costello said that his job as Town Counsel is twofold: to zealously defend any <br />Board or Officer of the Town and to look out for the overall interests of the Town. He said <br />2 <br />
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