03/25/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning • Board of Appeals Minutes 4 March 25, 2009 of land where 250 acres are dedicated to open space by Willowbend. Attorney McElihinney informs the ZBA that the project originally began with 62 units and is now at 40 units. All of the setbacks are being met that were in existence in 1985 zoning. No abutters are within 300 feet of the property. They plan to include extensive landscaping and the additional height will make the condos more attractive and allow for greater density, necessary in the economy we are dealing with right now. They technically would have been able to build more dwellings on the available acreage — however this proposed project will be more beneficial for the open space. Chairman Nelson mentions the comments from the Board of Health and the Fire Chief — whereby both have indicated the project is in accordance with their requirements. Mr. Nelson informs the Board and the applicant that the important issue here it that the Fire Chief indicated he could accommodate this dwelling with his trucks. Mr. Nelson is aware that many people are here in opposition to this project. He further informs them that the only issue before the • Board is a height variance — not whether or not the condos should be built. That is for the Planning Board to decide. Mr. Nelson will hear from the abutters and from Attorney Richard Terry. Willliam Burkhardt — 290 Willowbend Drive: He is opposed to the height variance and feels it will make his property decrease in value should these be built and at that height. Bob Nelson says that there has been a lot of work that has gone into this project thus far with the Planning Board, the Plan Review and the Design Review. Also, the height was originally scaled to be 42 feet and has been reduced to 39 feet. Mr. Nelson informs several people that he "challenges them to be able to tell the difference of 35 to 39 feet at a distance of 300 feet. Angie Marks — 47 Cranberry Road: He is opposed to this project as well. He tells the Board that its not just this set of condos, but others that are proposed as well that will be detrimental to his house. Attornev Richard Terry — reuresents the abutters: Attorney Terry submits a handout to the Board suggesting that 24 variances are being sought tonight and also quotes some court cases with • respect to the granting of variances. He asks what the hardship is to seek a variance? Mr. Nelson mentions there is an asthetic hardship in that it would be an eyesore to put flat roofs on these complexes.