03/10/2010 ZONING BOARD OF APPEALS Minutes

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N t t lown of Alashpcc MASHPEE ZONING BOARD OF APPEALS 16 (,'rc(v ,eck 1 oad-We)ah DECISION FOR A COMPREHENSIVE PERMYTS/1 )cc, Massachusetts 02649 UNDER MASSACHUSETTS GENERAL LAWS CHAPTU 40B Habitat for Humanity of Cape Cod, Inc. Plan Book 256 Page 71 67 Fox Hill Road Deed Book 2351 Page 004 Mashpee, MA 02649 Assessor's Map 21 Parcel 40 A Petition for a Comprehensive Permit under Massachusetts General Laws Chapter 40B §21 and Chapter 40A §12 was filed by Habitat for Humanity of Cape Cod, Inc. on February 16, 2010. The Petition for a Comprehensive Permit seeks permission to construct an affordable single-family, three-bedroom home on property located in an R-5 zoning district at 67 Fox Hill Road (Map 21 Parcel 40) Mashpee, Massachusetts. The Petitioner is also seeking Variance relief from §174-31 of the Mashpee Zoning By-laws to vary the minimum lot size and lot frontage requirements to allow for the proposed construction. OWNER OF RECORD: Habitat for Humanity of Cape Cod, Inc. Notice was duly given to all abutters and to local boards of the Town of Mashpee in accordance with Massachusetts General Laws Chapter 40A §11 and Chapter 40B §21. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on February 26, 2010 and March 5, 2010, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, March 10, 2010, at which time the following members of the Board were present and acting throughout: Robert Nelson, Jonathan Furbush, William Blaisdell, John Dorsey, and Ronald Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law Chapter 40A §12, Chapter 40B and the Town of Mashpee Zoning By-laws. Attorney Warren Brodie represented the Petitioner along with Mr. Donald Dickinson, Project Permitting and Site Development Director and Vice Chair of the Land Acquisition Committee. Attorney Brodie said that the request for a Comprehensive Permit under Massachusetts General Laws Chapter 40B requires Variance relief from the Zoning By-laws to allow for construction of the affordable single-family, three-bedroom home on the subject property. The subject property was part of a land disposition agreement between the Town of Mashpee and Habitat for Humanity of Cape Cod, Inc. on August 24, 2009. Habitat for Humanity of Cape Cod, Inc. is also the owner of record. Attorney Brodie said that development of the property is possible because of the Town's provision of various parcels of land within the same watershed that would otherwise be considered undevelopable. Situated within the same watershed, the undevelopable parcel would