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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> OCTOBER 10,2018 <br /> Mr:Furbush asked the applicant if he was aware of the proposed bylaw articles that will <br /> be addressed at Town Meeting. He said the proposed articles have nothing to do with New <br /> Seabury which has a Special Permit that was initiated in 1964. The Architectural Review <br /> Committee (ARC) reviews the New Scabury projects. Mr. Furbush said there has been <br /> some "push-back" that carne to the Board's attention about eight months ago when <br /> someone presented a raze and replace project, and they did not have a legitimate reason to <br /> tear it down. He said the Board cannot give an applicant a Variance unless the applicant <br /> has one of three conditions concerning;soil,the shape of the lot,or topography issues.That <br /> particular case that was in front of the Board was a small square lot. The Board sought the <br /> advice from Town Counsel, and unless the Board can find a reason on one of those issues, <br /> the Board cannot issue a Variance for raze and replace projects. He said the Board created <br /> Article 16 that is going in front of the Town for a vote. <br /> Mr. David said that his lot has a very high ground water level. He said that his vacant lot <br /> is buildable, and has grandfathering protection. <br /> Mr.Bonvie was reviewing the possibility of the lots being"grandfathered"lots.That might <br /> be another avenue for the applicant. <br /> The Board reviewed the engineered plot plan and wanted to confirm the water level in the <br /> area. The plan depicted the property 39 inches above the water level. <br /> Mr. Bonvic wanted to know at what level does ground water considered a hardship. In his <br /> opinion, he believes that material can be brought in. <br /> Mr. Mendoza said that if a house cannot have a basement due to the high water table that <br /> might an issue that the Board could consider a hardship. <br /> The Board had a discussion and thought that the applicant could file for a Variance because <br /> of soil conditions. <br /> Mr. David formally requested a withdrawal of his Written Finding. <br /> Mr. Bonvie made a motion to accept the applicant's withdrawal on his Written Finding <br /> request. Ms. Sangeleer seconded, yes. All were in favor. <br /> 419 Monomosco Road: Owner, Walter S.M. Wightman, Trustee of the Walter S.M. <br /> Wightman Trust requests a Written Finding under §174-17 of the Zoning Bylaw to raze <br /> and replace a single-family residence on property located in an R-3 Zoning District, Map <br /> 124 Parcel 58,Maslhpec, MA. <br /> 419 Monomosco Road: Owner, Walter S.M. Wightman, Trustee of the Walter S.M. <br /> Wightman Trust requests a Variance under §174-31 for relief from the right and left side <br /> yard setbacks to allow for the raze and replace of a single-family residence on property <br /> located in an R-3 Zoning District, Map 124 Parcel 5 8, Mashpee, MA. <br /> 2 <br />