5/9/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 9, 2018 Mr. Johnson stated that the applicant went to the Town to get permission to tear down the dwelling and rebuild at a later date. He said that the hoarse is in such disrepair and the report from the Building Inspector indicated that there was an enforcement order to have the dwelling torn down. The Building Inspector suggested to bring this case in front of the Board to ask for permission to raze and replace the dwelling. The package that was submitted prior to this meeting shows the existing location of the present dwelling and also shows a concrete slab that used to be a garage or shed. He is asking the Board for permission to tear down the dwelling within a reasonable time; one of the staff reports stated within six (6) months. Mr. Johnson said that there not sure exactly where the new house would be built but would like the decision written indicating that his client to comply with the present day setbacks. The intention is to build the new house further back from the street. The present structure does meet the present day setback requirements. The Attorney said that according to his title history, the property dates back to 1940, and has had the exact same description on every deed and pre-dates zoning. The first owner held and owned the abutting properties. Mr. Bonvie asked since zoning has been active has there been any common ownership conveyed away from this lot. The Attorney said; "no,there has not been common ownership since the first deed in 1940. Mr. Blaisdell said he met with Town Counsel and that this is an exception according to Chapter 143 Section 9 of Mass General Laws due to the condition of the building and to ensure public safety. The Board mentioned that they agree the dwelling is in disrepair, and also that the lot is a good size but has a sloping topographical issue. The Board had a discussion and would like to see a revised plan showing a proposed dwelling. Mr. James Williams, 370 Rte. 140 Marstons Mills approached the Board and said he spoke to the Conservation Agent and reviewed one of the plans and said there was no impact and is not close to wetlands. Mr. Goldstein read the Board of Health comments into the record. Attorney Johnson requested a continuance of the Written Finding request 46 Main St.,until June 13, 2018. The Board suggested to the Attorney he speak with the Building Commissioner to further understand the items the Board requested. Also, the Board told the Attorney if he needs further time to send a letter requesting a later hearing date. 7