4/5/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 5, 2016 MINUTES Chairman Furbush read the violation history dated 4/4/16 from Conservation Agent, Andrew McManus into the record. The violation letter states "that there shall be a public meeting of the Conservation Commission on April 28th, during which the Conservation Agent will recommend that the commission revoke the existing RDA permit." Chairman Furbush commented that there were a lot of issues that the neighbors had brought to the Board's attention at the hearing on March 23, 2016. In the past, Chairman Furbush said the Board has never given a Variance or a Special Pennit that was not first approved by Conservation, when they were involved. He mentioned that the measurement of the deck being 22 feet from the water is not correct and saw that it might be about 4 feet. To his knowledge, there is no permit for that deck. Chairman Furbush asked Associate Member, Norman Gould from this past experience, if he has ever encountered this situation. Norman stated that he doesn't remember ever having to revoke, but has amended applications in the past. Ron Bonvie said that from his past experience, he said it occurred about 4-5 times in the past, of applicants not following the plans, and spoke about the bylaws that are clearly written. He also mentioned that he had spoken to Conservation Agent, Andrew McManus about the history of this applicant since the Decision. Mike Mendoza said that the issue arose shortly after the ZBA hearing. After speaking to Andrew McManus, Conservation Agent and understanding that the Concom Decision was being re -opened for possible rescinding of their approval, Mr. Mendoza decided to speak to Town Counsel because the Decision needed to be typed up and submitted within 14 days, and that would set the clock for the 20 -day appeal period. if there was an issue with the approval with the Conservation Decision, it would have a bearing on the ZBA Decision regarding this location. Town Counsel made the recommendation that the ZBA should have a meeting to discuss whether or not to have Mary Ann, ZBA Secretary to process the Decision, or put it on hold until after Concom makes their decision. The next step would be that the Board would have to re -open the meeting, re -advertise the hearing, and notify the abutters and applicant based upon the possibility of Concom's new decision. He also asked Town Counsel if it's prudent to have the same Board members that voted at the previous hearing to vote again. Town Counsel said it's fine to have new members vote, but it would be better if the same members who voted on the original Decision were there to rehear it. Mike wanted to make it clear for the record that he didn't want to notify Chairman Furbush until he spoke to Town Counsel first to get an understanding and direction prior to the deadline of the Decision. Chairman Furbush said the Board needs to vote on the following given the information that was brought to this meeting; 1) -Vote yes or no on having Zoning Board Secretary, Mary Azul Romero write the. decision by Wednesday's deadline (4/6/16) on the variance decision for 91 Edgewater Rd. This is in view of the new information fiom Conservation. 2