8/14/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 14, 2418 Vice Chairman, Bill Blaisdell addressed the audience and said that the intent of this new bylaw is really no different than what the Zoning Board has been doing for the last ten years. However,over the last ten or twelve years,the Board has heard many cases that have been approved,some have been challenged,many have not.Any that have been challenged, not one has ever been overturned in court under the existing bylaw. The new bylaw just cleans up the language from the existing bylaw to make it less ambiguous. It allows the Zoning Board no additional powers, or discretions. The Board has the same exact powers and discretions under the existing Bylaw §174-17. It's just cleaning up the language to make it easier for residents across this entire Town to be able to demolish rather than try to come with some ambiguous item; such as leave a wall, leave a brick, leave a door frame, etc. They can now raze to the ground as long as the reconstruction does not create any new non-conformities, and is not more detrimental than what previously exists. Mr. Mendoza reiterated that this bylaw is for anyone in the Town. It is not for one location. Associate Member Sharon Sangeleer stated that she has two abutters that are re-building and it's in the John's Pond area which is in an R-5 zone. She said that some of the property owners in her neighborhood are remodeling their older cottages to year round homes. Mr. Pittsley commented that his lot is 9404 sq. ft. and is non-conforming. Mr. Furbush read a letter received by Robert Fox, Builders into the record that he is in support of the proposed changes to the raze and replace bylaw. He hopes that the Planning Board can support it. Mr. Bonvie read a letter received by Attorney Kevin Kirrane into the record. Mr. Bonvie added that this bylaw includes the entire community, not just in New Seabury. Mr. Bonvie asked Mary Waygan if it's possible to sit down with the Planning Board and have a conversation about this topic because it's very important to the ZBA. Mary Waygan said that there were some big questions raised at their last public hearing. The Planning Board questioned what the Article could do or could not do, and because they had two parties that were raising some technical questions,the Planning Board did not go forward with recommending it to Town Meeting, Mr. Bonvie and Mr. Furbush both asked Mary why those two parties were not present tonight. Mary asked if the two parties were infonned. 5