8/14/2018 ZONING BOARD OF APPEALS Minutes

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Town of Alash-pe(1- ?f3 C rra��'e:rl r�tirt ; ,bah 1 F et`i�n4r lashpre; �Ic ssac��.�Esc>�ts 02649 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 14,2018 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, August 14, 2 018, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Chairman, Jonathan D. Furbush, Board Members William A. Blaisdell, Ronald Bonvie, Scott Goldstein, and Norman J. Gould, and Associate Members, Brad Pittsley and Sharon Sangeleer were present. Building Commissioner, Michael Mendoza was also present. There were 12 (twelve)people in attendance. A sign-in sheet was passed around. PLEDGE OF ALLEGIANCE Chairman Furbush announced and congratulated Norman J. Gould for being nominated to a full board member to the ZBA by the Board of Selectmen at their meeting on Monday, August 6, 2018. NEW HEARING -The Zoning Board of Appeals will hold a public bearing and vote to amend the Zoning Bylaw §174-17 by adding a new section §174-17A —Raze and Replace, Chairman Furbush announced that the purpose of this hearing is to discuss and take public comment on the Zoning Board proposed raze and replace bylaw §174-17.1 which is also Article 17 on the Town Warrant. Mr. Furbush said that he wanted to give an overview of the reason the ZBA proposed this additional bylaw to the current bylaw and take public comments on the subject. Mr. Furbush said currently the Bylaw §174-17 states that non-conforming single and two family dwelling structures maybe changed, extended, or altered if part of the dwelling structure remains intact. According to the literal interpretation of this bylaw,you must keep some part of the dwelling structure to be able to use Bylaw §174-17 as a way to modify a structure. It is almost impossible to leave a wall because of current building codes. This means that when the dwelling structure is completely razed, the lot loses all the grandfathering protection. I would venture to guess that 90% of the lots in Mashpee do not meet the current minimum lot size requirements to build a house. In an R-3 (Residential 3 Zone) the minimum lot size is 40,000 sq. ft., which is close to an acre, and in an R-5 (Residential 5 Zone)the lot size is 80,000 sq. ft., almost two acres. If an applicant is part of the 90% of the lots, and completely razes a house, he probably could not rebuild it because all grandfathering protection is lost, and the lot is too small and becomes an unbuildable lot. The Bylaw §174-17.1 will allow you to rebuild your lot as long as what is proposed is not more non-confon-ring than what currently exists. 1