05/22/2002 ZONING BOARD OF APPEALS Minutes

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I I I -_ -N Mashpee Zoning Minutes—May 22, 2002 10 b� Board of Appeals Frederick R. & Lois S. Glass—Request a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a pier, ramp and float on Jehu Pond on property located in an R-3 zoning district at 133 Tide Run (Map 120 Parcel 180) Mashpee, MA. Continued from April 24, 2002 to allow for Conservation Commission approval. The ZBA office received a fax dated May 21, 2002 from the Phoenix Group on behalf of the Petitioner requesting a continuance of the above-referenced Petition to allow for Conservation Commission approval. The Board voted unanimously to continue the Petition until June 26, 2002. A Petition for a Variance was filed with the Town Clerk on April 18 2002 & May K. Lorenzo. The Town Clerk's office learned t p by Antonio V. that the ZBA was not aware of the Petition and forwarded a copy of the Petition two weeks later. The Petition was filed without notification or correspondence to the ZBA, without plans, without the Petition fee and without a tax worksheet. In view of the foregoing and to avoid constructive grant of the Petition, the Board voted unanimously to Deny Without Prejudice the request for a Variance. i I OTHER BUSINESS Technical Review Minutes on Proposed Chapter 40B project on Route 130. Mr. Govoni said that he spent several hours at a recent Design Review Committee meeting regarding the above-referenced 40B project. He informed the Board that plans call for construction of 120 units. Mr. Govoni expressed concern with the proposed buildings and the difficulty of entrance and egress on the sloping property. He said that the Petitioner is scheduled for another Design Review Committee meeting the third week in June. Mr. Govoni urged g d the Board members to review the guidelines recommended by , Town Counsel and to adopt a policy on permitting Chapter 40B petitions. Mr. Govoni said that this project will have a tremendous impact on p the Town. Mr. Regan, a member of the Affordable Housing Committee said that the Petitioner has agreed to offer preferential criteria for Town employees, such as fire, police, school and Town Hall personnel. He said that the proposal would help fill the need for one-bedroom apartments. Mr. Regan also said that the e Petitioner has offered red to tie neighbors h g bors and the Town Hall into the proposed septic treatment center. He said that the Petitioner indicated at an Affordable Housing Committee meeting that the entire project would-be affordable housing units, not just the 25%mandated by state law. I Ms. Elizenberry said that she has "had 14 years' experience dealing with affordable housing, working w' g rth developers who come to the Zoning Board of Appeals, who come to the affordable housing committee". She said that the Petitioner is proceeding "exactly the most successful way" by coming to the ZBA with informational meetings and asking for the Board "to tell them what you want them to do". Ms. Elizenberry said that it is not unreasonable for the ZBA to condition a decision by demanding that the Petitioner