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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> AUGUST 22, 2018 <br /> Mr. Kirrane said it's hard to raise issues relative to shape, size and typography when <br /> dealing with lot issues that one cannot add onto because of lots developed back in the <br /> 1950's. The relief is for constructing a building within the requirements of zoning. <br /> Mr. Bonvie asked if the applicants were familiar regarding the new Article proposed for <br /> Town Meeting referencing the raze and replace. <br /> Mr. Kirrane said he did but he believes that the Board can act favorably because this case <br /> is similar to those past requests based upon the size and the lack of frontage. <br /> Mr. Mendoza mentioned based on the history of the past cases on the raze and replace dealt <br /> with setbacks, lot coverage, and location of the building on the lot. This is a different type <br /> of application. This is regarding the lot size itself. This meets the setbacks. If the applicant <br /> can demonstrate that the lots in the area are similar, than this would be conforming with <br /> the neighborhood. <br /> The Board argued that they could not justify approving the request for variance relief based <br /> on the discussions they had with Town Counsel. <br /> Mr. Cook described the age and condition of the existing house and what he believes to be <br /> the hardship. <br /> Mr. Bonvie said that the Planning Board is having a public hearing soon, and this is an <br /> example that the Zoning Board can explain to them regarding the proposed bylaw. <br /> Mr. Goldstein said that the Zoning Board held a special meeting specifically to discuss the <br /> new proposed bylaw hoping that the people who were affected by this bylaw would have <br /> attended. <br /> Mr. Furbush would like the applicants to attend the Planning Board meeting. <br /> Mr. Kirrane said he's aware of the bylaw change that would put this in the prevue of the <br /> Building Commissioner and not have to get the Zoning Board involved where there's a <br /> conforming building, going on a non-conforming lot. <br /> Mr. Kirrane said he would like to withdraw the application and will discuss future <br /> possibilities with his clients. <br /> Mr. Bonvie made a motion to accept the applicant's withdrawal of 23 Treasure Lane <br /> without prejudice of Variance relief from frontage and lot size. <br /> Mr. Gould seconded yes, Mr. Goldstein, yes, Mr. Furbush yes. All were in favor to accept <br /> the withdrawal. <br /> 11 <br />