5/11/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 11, 2016 MINUTES Mr. Blaisdell and Mr. Goldstein had a discussion regarding similar variance petition requests on Wheeler Road that were presented to the Board last December and were denied by the Board vote. They said that the Zoning Bylaws and Zoning Board members have changed over the past 20-30 years making these type of variance requests stricter. Mr. Goldstein read the first paragraph of Variance requirements under M.G. L. Section 10 into the record. Mr. Blaisdell said that he could not find a good reason to grant a variance because it did not meet any of the criteria required under the bylaw. Mr. Goldstein made a motion to approve the request for Variance relief at 341 Great Neck Road North. Mr. Pittsley, seconded. Mr. Blaisdell took a voice vote and he voted, no, Mr. Goldstein voted no, Mr. Pittsley voted no, and Mr. Gould voted no. The petition was denied because it did not meet the Variance criteria under the Zoning Bylaws. Mr. Mendes asked if he could re -apply at another time. The Board explained that there's a 20 -day appeal period, and that he has the right to appeal the Board's decision within the timeframe the decision is filed with the Town Clerk. 45 Coombs Lane: Owner, David Mousette requests a Variance under §174-31 of the Zoning By-laws for relief from lot size requirements to deem lot buildable on property located in an R-3 Zoning District, (Map 44 Parcel 28), Mashpee, MA. Mr. David Mousette represented himself stating he bought the property in August 2015. He provided a plot plan dated January 5, 2006, and a recorded Variance decision dated 3/15/2007 requesting to deem the lot buildable. He is requesting to reinstate the Variance so he can build a house. He said he has elderly parents and would like to build a ranch style home that is wheelchair accessible. He said that the Variance met the requirements for the septic system and he removed the deck on the side of the house. Chairman Furbush said he was on the Board at the time the Variance was issued. He said he received several comments from different departments especially from the Town Planner which were previously read into the record for the first hearing. He said that all three criteria under the Variance bylaw must be met in order for relief to be issued. These house lots were created many years ago, and the bylaws have changed by a Town vote. Homeowners were given a grace period to act upon these "grand -fathered" restrictions. For example; if you owned a 20,000 sq. ft. lot in an R-3 Zone, and later the zoning changed by the Town vote, it should have been "grand -fathered", but must have been acted upon within the seven (7) year grace period. Chairman Furbush said that the Town Planner didn't voice his opinions back in 2007, but unfortunately this isn't the case today. Chairman Furbush said to the applicant that he might be able to combine the two lots, and might possibly be able to add onto the existing home. He suggested he speak with the Building Department and/or Building Commissioner. 2