03/10/2010 ZONING BORD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals March 10, 2010 currently residing in Mashpee, persons currently employed by the Town of Mashpee, or • families living out of town with children in schools in Mashpee. Mr. Nelson confirmed that the Petition was filed correctly as a Petition for a Comprehensive Permit. He also said that all of the abutters were notified as required by law. Mr. Brodie said that the Comprehensive Permit statute permits the ZBA as the permit granting authority under Chapter 40B to grant Variance relief from the By-law. Mr. Nelson assured Mr. Brodie that the final Decision would include reference to Chapter 40B, Comprehensive Permit and affordable housing. Mr. Furbush asked for clarification of the nitrogen aggregation plan. Mr. Brodie said that the development of the property is possible because of the Town's provision of various parcels of land within the same watershed that would be considered undevelopable. Situated in the same watershed, the undevelopable parcel would be aggregated with the subject parcel to create a larger parcel of land. This zoning district requires at least 10,000 square feet of land per bedroom. This makes it possible for Habitat for Humanity to construct a three-bedroom home on this parcel, as well as two other parcels in the town. This was approved in Article 16 of the Town's annual meeting warrant of October 15, 2007. Mr. Brodie said that the proposal is very similar to other developed homes in the area. Mr. Dickinson said that the proposal has received approval from the Board of Health and the nitrogen aggregation plan has been approved by the Department of Environmental • Protection. ' The Board reviewed the plans and calculated the Variance relief being requested. No comments were received from abutters. Mr. Furbush moved to grant the Petition for a Comprehensive Permit and to grant the following Variances on the subject property: • a variance of 68,612 square feet from the lot size requirements. a variance of 60 square feet from the lot frontage requirements. a variance of 5 feet from the front setback requirements. This Decision is conditioned upon compliance with plan dated 5/19/2009, 1 M. O'Reilly & Associates, 1573 Main Street, Route 6A, Brewster; MA. Mr. Blaisdell seconded the Motion. All were in favor. The vote was unanimous. Habitat for Humanity of Cape Cod, Inc.: Requests a Comprehensive Permit under Massachusetts General Laws Chapter 40B and a Variance from 174-31 of the Zoning By-laws for permission to vary the minimum lot size requirements and lot frontage requirements to allow for construction of a single-family home on property located in an R-5 zoning district at 67 Fox Hill Road (Map 21 Parcel 40) Mashpee, MA. r� J