8/14/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 14, 201.8 This is one of the things that needs to be corrected. He said he does not build or plans to build anything in New Seabury. He said he is not effected like others,but he believes there will be a lot of fiscal problems coming and commitments that need to be fulfilled, i.e., treatment plant issues,replacing windows on schools,etc.No matter how good of a job the Town Manager does, and does a very good job,he will still be faced with a lot of financial hard-ship issues. He said one of the many great places that you can obtain substantial revenue with teardown and rebuild projects is in New Seabury as well as other locations throughout the community. When you look at the dollars that these areas bring, it is a lot of money and is a cash producing situation. When someone does a tear down, there are several things to look at such as the septic, revenue produced, FEMA, and a lot less people losing their homes over a period of time. The Board is creating a scenario to create value for this community, as well as revenue. He said that hearing from the Board and audience, he is hoping that this bylaw will pass or the Town may face major problems in the future. Chris Mihos a resident of the Town. He asked the Board to clarify the new bylaw. Mr. Furbush said you cannot create a new non-conformity with what you are proposing. Mr. Mendoza gave an example of a lot required to have a 40 ft. front setback. If a house currently sits, with a 20 ft. setback, and you want to rebuild on the same setbacks, the way the zoning bylaw is written now,once you level the house,you have to meet today's zoning which means meeting the 40 ft. setback from the front,the 15 ft. from the sides, and 15 ft, from the rear. Under the Special Permit, you must demonstrate to the Board that you want to tear down,but to match the same exact footprint and same setbacks. The only difference is there is a brand new foundation, instead of field stone. A brand new house using those same dimensional setbacks, that's what the Special Permit is for. The Board can vote yes or no. Mary Waygan, who identified herself as the Chair of the Planning Board, approached the Board and apologized for being late to the meeting. She said the Planning Board will have a public hearing on any proposed zoning amendments to the zoning bylaws. She said she was on the call for the July 2, 2018 meeting with a few members of the ZBA, Mike Mendoza, and members of the community discussing the proposed bylaws. She said the Planning Board had received a different draft than from the Town Planner. Mike Mendoza mentioned that the draft from the Town Planner has been withdrawn. The only Bylaw is §174-17.1 which was approved by the Zoning Board of Appeals and was in the Warrant Article. Mr. Furbush said that the ZBA received a letter from Attorney, Kevin Khrane and Robert Fox, Builder. 4