12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 14, 2011 MINUTES • On January 28, 2011, the Petitioner submitted its proposal for the development of the affordable homes. On February 14, 2011, the Board of Selectmen voted to accept the Petitioner's proposals and entered into an agreement with the Petitioner. On April 11, 2011, the Board of Selectmen and the Petitioner entered into a Land Disposition Agreement. After receiving letters of support from the Board of Selectmen on May 23, 2011 and the Affordable Housing Committee on June 7, 2011, the Petitioner submitted its Limited Initiative Program (LIP) application on October 31, 2011 to the Department of Housing & Community Development (DHCD) for its review and approval. On November 14, 2011, DHCD sent a letter in approval of the applications for project eligibility under the LIP. On November 16, 2011, the Petitioner filed Petitions for Comprehensive Permits with the Mashpee ZBA. On November 18, 2011, the ZBA distributed copies of the Petitions to the appropriate Town Departments for review and comment. As of June 30, 2011, Attorney Brodie said that Mashpee had 224 affordable housing units, 3.5% of 6,473 year-round homes. The threshold for Chapter 40B is 10%. Under the Land Disposition Agreement, the Petitioner prepared a nitrogen loading aggregation plan and submitted it for review by the Town and subsequent submission to the Massachusetts Department of Environmental Protection (DEP) for approval. DEP has approved this plan. Attorney Brodie said that the proposal calls for construction of a 4400 -foot, three- bedroom on each parcel. Interionspace will consist of 1,200 square feet in addition to a 120 square foot porch. Each dwelling will have an unfinished basement area. Under the Land Disposition Agreement, the Petitioner will select purchasers for each dwelling in accordance with established procedures at a sale price consistent with DHCD's LIP and its affirmative fair marketing prices. The Petitioner's goal is to select families whose income is no more than 65% of the median income of Barnstable County. The ultimate selection is accomplished by a lottery supervised by the Housing Assistance Corporation of Cape Cod. Preference in the lottery for one of the homes will be restricted to a local resident. A local resident is defined as someone living in the Town, employed in or by the Town, or attending school in the Town. Upon issuance of the Building Permits, the Petitioner agrees to proceed without unnecessary delay to construct the homes and convey them to eligible purchasers. Each dwelling will be conveyed subject to an affordable housing restriction rider approved by the DHCD that will ensure that the units will be affordable in perpetuity. Attorney Brodie said that both parcels are in an R-5 zoning district that requires 80,000 square feet of land. Neither parcel meets the lot size requirements. The non -conforming parcel at 6 Park Place Way consists of 23,157 square feet of land. This parcel meets the lot coverage, frontage, front setback, side setback and rear setback requirements. The • non -conforming parcel at 9 Park Place Way consists of 22,877 square feet of land. This parcel does not conform to the front setback requirements of 40 feet. To Mr. Bonvie's question as to why this proposal fails to conform to the front setback requirements, Mr. Dickinson responded that the parcel at 9 Park Place Way is very narrow and abuts a 8