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MASHPEE ZONING BOARD OF APPEALS
<br />MEETING MINUTES
<br />JANUARY 25, 2017
<br />Attorney Kirrane stated to the Board that in November of last year there was an amendment
<br />under Chapter 40A Section 7. It used to be that if you built a structure and that structure
<br />violated zoning, and the town never did anything about it for a period of 10 years, than no
<br />action civil or criminal could be taken against the property owner to compel the removal,
<br />alteration, or relocation of that structure or any portion of that structure. In November, they
<br />also amended that statue to say; not only can't you bring a civil action to require it to be
<br />removed, relocated or altered, but will also give it status as a pre-existing non -conforming
<br />structure. So if it has been there for 10 years and it violated zoning, and nothing was done,
<br />even though technically it's a violation, it now has status as a pre-existing non -conforming
<br />condition. The Town would have to have given notice by a certain date. It's not up to the
<br />applicant, and they are not under any obligation to notify the Town.
<br />Mr. Bonvie made a motion to issue a Written Finding to the applicants with the following
<br />conditions;
<br />1. The. Board has determined that the applicant meets all the conditions of a Written
<br />Finding under Mass General Law 40A Section 6.
<br />2. Plot Plan —'Proposed Additions, Prepared for: Steven and Susan Bozkurtian, 43
<br />Waterline Drive South, New Seabury, Mashpee, MA, Prepared by: BSS Design
<br />Engineering & Surveying, Scale: 1" = 20', Date: Nov. 10, 2016, Drawn by: EJP,
<br />MRT, Checked by: TJB, Job Number: 15124, Revisions: Added new water service
<br />south of garage. 11/29/16, Revisions to house foot print, added landscape, and
<br />coverage calculations, Dec. 14, 2016, TJB, Title: Site Plan, 2 of 2, Drawing Number
<br />B23-62.
<br />3. Floor Plan — Bozkurtian Residence, 43 Waterline Drive South, Mashpee, MA,
<br />Archi-Tech Associates Inc., 6 School St, Cotuit, MA. First Floor Plan, Job No.:
<br />1519, Date: 9 November 2016, Scale: As noted, Drawn: KMW, No Rev dates listed,
<br />A-2, First Floor Plan, A-3, Second Floor Plan, A-4: Front Elevation, Right
<br />Elevation, Exterior Elevations, A-5: Rear Elevation, Left Elevation, Exterior
<br />Elevations.
<br />4. Conditioned upon all department comments read into the record. .
<br />Mr. Pittsley seconded, yes, Mr. Blaisdell, yes, Mr. Bonvie, yes, Mr. Goldstein, yes, and
<br />Mr. Furbush, yes. All were in favor of the garage addition, and alteration project.
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