03/10/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Habitat for Humanity of Cape Cod,Inc. 67 Fox Hill Road Mashpee,MA 02649 Comprehensive Permit under MGL Chapter 40B CP-10-06 be aggregated with the subject parcel to make it possible for Habitat for Humanity to construct the affordable three-bedroom home on the property. Mr. Dickinson said that the proposal has received Board of Health approval and the nitrogen aggregation plan has been approved by the Department of Environmental Protection. The subject property will have to comply with restrictions imposed pursuant to a Department of Housing and Community Development (DHCD)restrictive rider which will ensure that the lot will remain an affordable lot in perpetuity and will count towards the Town's affordable housing inventory in perpetuity. The Town of Mashpee will receive a local preference approval from the DHCD on two of the three homes that Habitat for Humanity of Cape Cod, Inc. proposes to build in Town. These two homes will be reserved for residents of the Town of Mashpee. Residents are defined as persons currently residing in Mashpee, persons currently employed by the Town of Mashpee, or families living outside of the Town of Mashpee with children attending schools in Mashpee. ZBA Chairman Robert Nelson read a letter from Building Commissioner, Richard Stevens, which included reference to the absence of paving to the subject property. Mr. Stevens said that,while desirable, he did not feel that paving would be required. Mr. Stevens' letter further stated that Section 174-32 of the Zoning By-laws allows for use of materials other than asphalt. Mr. Nelson asked for comments from the audience. Mr. Leonard Federico, an abutter at 61 Fox Hill Road, said that,while he is not opposed to the Petition, he expressed concern with the proposed construction being so close to the abutting Wampanoag Rod and Gun Club. Mr. Robert Dillon at 57 Fox Hill Road also stated that he was worried with the rod and gun club posing a potential danger to neighbors. Mr. Nelson thanked the abutters for their input, but said that the Board has no authority to impose any conditions or restrictions on the gun club. The Board urged the concerned abutters to contemplate engaging the sei vices of a lawyer and contacting the Police Department. Mr. Nelson read a phone message from Mr. Mark Corbett who represented the Wampanoag Rod and Gun Club. Mr. Corbett said that the gun club is not opposed to the proposal, but wants to be sure that Habitat for Humanity is aware that the gun club is an abutter and that the club was there prior to the Petitioner. No other comments were received from abutters. 2