9/27/2017 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 27, 2017 Mr.Kieran Health,from the BSC Group returned to represent the applicants. He said at the last meeting the Board had a discussion whether there was a need for a variance or not,and at that time the Board informed him that they were going to have a discussion with Town Counsel and Mr. Mendoza if a variance was required. He asked the Board the results of that meeting with Town Counsel. Mr. Blaisdell said the Board met with Town Counsel, but did not specifically discuss this particular case. He said they discussed Written Findings and Variances in general, and when in fact an applicant is seeking a Written Finding would they also need to request a Variance. His understanding of the instructions that he received from Town Counsel was that if someone submits an application for a Written Finding, and it does not increase the non-conformity of what exists today, and is within the same footprint would require a Variance. Mr. John Lynch, at 25 Overlook Knoll Road approached the Board and said he spoke to the Board at the last hearing. He said that he thought it would be pre-mature for the Board to rule without hearing the evidence whether a Variance is required or not required. He mentioned that his Attorney, Alec Joyce and other abutters were present, and Attorney Joyce is prepared to address this further.Mr. Lynch thought it was pre-mature for the Board to not hear all the evidence. Attorney Alexander Joyce represented Mr. Lynch and approached the Board stating that the petitioner's plans are confusing, and wanted to identify what the petitioner is seeking. He mentioned the Inspection Department comments stated that the setback was short 9.5 ft. on the Seaview side. He said that the Building Inspector said it was the front yard, but is really the rear yard. He wanted to walk the Board through the bylaws what he believes what is the front, rear, and side yard setbacks. He wants to understand what the petitioner is requesting and how it impacts Mr. Lynch's property which is 15 ft. away from the property line. Mr. Joyce asked Mr. Blaisdell how the petitioner came up with the front yard setbacks. Mr. Blaisdell said to Mr. Healy if the,original applications have incorrect information, he suggested he withdraw, and refile another application with the Zoning Enforcement Officer. Mr. Healy respectfully requested to withdraw the Variance and withdraw the Written Finding. Mr. Goldstein made a motion to accept the withdrawal of the Written Finding. Mr. Gould seconded, yes, Mr. DeBarros, yes, Mr. Pittsley, yes and Mr. Blaisdell, yes. All were in favor and accepted the withdrawal of the Written Finding. 2