3/22/2018 FINANCE COMMITTEE Minutes

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Raze & Replace Decision The issue now facing the town is that over the past number of years, the ZBA has been convinced by numerous applicants' attorney's that a pre-existing non-conforming structure can be razed and replaced as lamas the new proposed structure is "not more non-conforming than previously existed". They have never mentioned the fact that part of the Dwelling Structure must remain. At this point, after so many years, the ZBA has set a precedent in these cases and have for so many years misinterpreted the bylaw and the meaning behind the way the crafters of the bylaw intended. This all came to a head when Building Commissioner-Michael Mendoza explained to an applicant that they also needed to apply for a variance as well as a written finding for a "Raze & Replace". In the past, the ZBA has never asked the applicant to seek a variance on a Raze & Replace. The lawyer for the applicant felt no variance is needed. But at a recent Zoning Board of Appeals hearing, the opposition to this applicant was overwhelming with many neighbors and there hired lawyers writing letters and showing up at the hearing demanding that the applicant would also needed a variance to accomplish what he was trying to do. After many hours of discussion with the Building Commissioner, Town Counsel, and Town Management about Zoning Bylaws 174-17, 1174-28, and 174-31, the Mashpee Zoning Board of Appeals has decided to strictly enforce the literal interpretation of these bylaws even though it has not done so in many instances in the past. Nonconforming single or two family dwelling structures may be changed, extended or altered if part of the dwelling structure remains intact. According to the literal interpretation of zoning by-law 174-17 you must keep some part of the dwelling structure to be able to use 1.74-17 as a way to Raze and replace a structure. When you completely raze a dwelling structure, you fall into the category of 174-28. This means, when the dwelling structure is completely razed, the lot will go back to "square one" and loose all "Grandfathering" protection. A vast majority of lots in this town do not meet the current Zoning requirements such as 40,000 sq. ft. in R-3 and 80,000 Sq.ft. in R-5. if the house is razed theapplicant-would not be able to rebuild another house on that lot because the lot would not conform to current zoning standards. The goal of this proposed by-law is to allow the applicant the ability to re-build their house on the same footprint as had previously existed, going no closer to the sidelines and not increasing the footprint.