03/10/2010 ZONING BORD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals March 10, 2010 Sitting: Robert Nelson, Jonathan Furbush, William Blaisdell, John Dorsey, and Ronald • Bonvie. Mr. Furbush read the Petition into the record. 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 in Harwich. Mr. Brodie said the Petitioner is requesting a Comprehensive Permit under Massachusetts General Laws Chapter 40B and is seeking permission to vary the lot size and lot frontage requirements to allow for construction of an affordable single-family, three-bedroom cape -style home on the subject property. He said that Habitat for Humanity of Cape Cod, Inc. is very grateful to the Town for its generosity in providing the property for development. Mr. Brodie said that Habitat for Humanity is the grateful recipient of the Town's largesse with respect to this parcel and two other parcels of land in Town. The property is subject to the nitrogen loading requirements. The nitrogen aggregation plan has been approved by the Department of Environmental Protection. The proposal has also received approval from the Board of Health. The lot will be subject to 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 will receive a local preference approval from the DHCD so that two of the three 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 out of Town with children in schools in Mashpee. Mr. Brodie said this will be a wonderful opportunity for a deserving family to occupy an affordable home. Mr. Nelson read a letter from Building Commissioner, Richard Stevens. His comments included a reference to the absence of paving to the subject property. He 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 said that the paving ends just before the subject lot. Mr. Brodie said that the road is sufficient to support traffic in the area. Mr. Nelson said that there is no turn- around at the end of the road due to a cable that has been installed across the road prohibiting anyone from going into that area. He said the cable is a safety and liability issue. It also poses a hindrance to emergency vehicles turning around in that area. Mr. Nelson asked for comments from the audience. Mr. Leonard Federico who resides at 61 Fox Hill Road said that the above -referenced encroaching shed belongs to him and was installed due to a surveying error. Mr. Federico also admitted to placing the cable across the road to prevent young people from going into that area and engaging in illegal activities, such as drinking and drug use. Mr. Federico said that he also installed "no 0