9/12/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES Wednesday, September 12,2018 The application is filed under a specific finding and variance criteria because the project consists of altering or changing a pre-existing non-conforming structure, and the variance has been applied for because it consists of removing a structure and replacing it with a new structure. The Board is specific to find a reason for the shape, size, or topographical feature in connection with a particular variance application. In this case, the lot is impacted by flood zones,both the AE Flood Zone, and the Velocity Zone. Mr. Kirrane believes that the intrusion of the AE and the Velocity zones does constitute that topographical feature which gives the Board some basis for relying upon and granting the appropriate variance relief. He also suggested that the additional findings under the variance has a detennent to the public good, and also derogating the intent of the bylaw. This lot is in similar size in frontage to other lots in this particular neighborhood, and the fact that this building is being replaced would not change, and the reconstruction is consistent in design and shape with the character of the neighborhood. Chainnan Furbush wanted to confirm that the frontage was 28.9 ft., and increasing to 40.1 ft. In his opinion,the project does meet one of the three variance criteria because of the soil condition. He has no issues. Vice Chairman,Bill Blaisdell has no issues. He asked Mr. Kirrane if he wants to withdraw the application for the Written Finding. Mr. Kirrane said he is amendable with however the Board feels to proceed. He is technically altering or changing a pre-existing non-conforming structure. The two forms of relief can act together, but he can leave that up to the Board. Mr. Goldstein noticed that there are sheds in the photos, and did not see them on the plans. He asked if the sheds would be removed. Mr. Kirrane said they can be removed, and the proposed lot coverage is still under the 20% requirement. Ms. Sangeleer noticed that the sheds in the photos seem to be plastic storage bins. Mr. Gould has no issues. Mr. Pittsley has no issues. In the middle of the hearing, a person in the audience who did not say his name or address, stood up and spoke to the Board saying that he wanted to make it clear to the Board that he wanted to speak, and insinuated that the Board did not let him speak. Both Chairman Furbush and Vice Chairman Blaisdell made it clear to this person that if he wanted to speak, he could speak after the hearing. Mr. Blaisdell said if you want to ask a question, you can ask after this hearing. Mr. Furbush politely asked this person not to interrupt the hearing, and asked him to have a seat. The person got up and abruptly left the conference room. 2