Abutter Wins Lawsuit Over Nonprofit’s Housing Plans

Truro landowner Brenda Connors recently won a lawsuit in Barnstable Superior Court that will annul a town zoning board of appeals decision from 2014 granting a comprehensive permit to Habitat For Humanity to create six lots at 181 Route 6. Three of those lots would be used to build a total of three affordable homes, two would remain undeveloped and a driveway would be constructed on the sixth lot.

Habitat for Humanity bought the 1.78-acre lot on Dec. 19, 2014, for $219,000, town assessing records show. The comprehensive permit would have allowed the nonprofit to build the three houses instead of two allowed by town zoning on the land, Executive Director Victoria Goldsmith said.

On March 28, Judge Raymond Veary overturned the 2014 zoning board decision, annulling waivers that had been granted for permitted steepness of grade, and for storm frequency as the basis of drainage calculations, according to court records. Veary ordered the case be sent back to the zoning board for a public hearing to consider the project’s grade and drainage issues including storm management measures.

Any further waivers, conditions, or other accommodations must be supported by sufficiently detailed findings and be sufficiently explained in the board’s decision, the court record stated. The public hearing must occur within 45 days of Veary’s ruling, the record stated.

On April 28, the town filed a motion for reconsideration in Superior Court, according to court records.

Connors, who lives at 4 Avery Way, is a direct abutter to 181 Route 6, according to a town assessing official. She learned of the May 22, 2014, zoning board of appeals hearing on Habitat’s property plans only the day before it was held, according to her complaint. She advised the zoning board by email on the day of the hearing that she could not attend and asked that the meeting be kept open until the following week so she could be there, the complaint stated. But the zoning board went ahead and voted at the May 22 meeting to grant Habitat the comprehensive permit.

Connors maintains the zoning board acted improperly in granting the permit, that it exceeded its authority and failed to give completed and adequate notice, court records said.

Via: www.capecodtimes.com www.capecodtimes.com

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