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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> DECEMBER 11,2019 <br /> Mr. Morin wanted to know the expiration date of a modification. Chairman Furbush <br /> believes since the issued modification was for the previously approved Variance, it would <br /> fall under that requirements of a Variance. <br /> Charlie asked Mr. Morin if he was going to delay his deck project for possibly a year. Mr. <br /> Morin said probably not.Charlie told Mr.Morin that he needs to have the decision recorded <br /> prior to construction of the deck, and submit new stamped plans because of the.flood zone. <br /> OTHER BUSINESS <br /> 7 Bluff Avenue: Discussion regarding raze and replace project. <br /> Mr. Paul Bettencourt represented the proposed project. Charlie asked to put this item on <br /> the Agenda out of respect for the Board. Mr. Bettencourt said he will be tearing down the <br /> existing house, and constructing a new house. The existing house is non-conforming, and <br /> the new house will conform to all building laws and have the proper setbacks of the front, <br /> side and rear. The lot is 10,139 sq. ft. <br /> Jonathan said he looked at the property and noticed is a good size. He reviewed the house <br /> plans. The maximum lot coverage in Popponesset is 25%. <br /> Charlie asked for this meeting because he wanted to review the bylaw §174.17.1. A <br /> question came up whether or not a tear down and rebuild of a pre-existing non-conforming <br /> house, and replacing with a conforming house on a conforming lot meets all zoning. This <br /> particular lot meets all zoning requirements of the Popponesset Overlay. <br /> Mr. Bonvie and Mr. Blaisdell voiced their opinion and agreed with Charlie's comment. <br /> Charlie said he wanted some clarification from the Board but as the Zoning Enforcement <br /> Officer has the right to make the decision. Charlie said if he issued this building permit as <br /> the Zoning Enforcement, the ZBA could technically appeal his decision. Charlie said;that <br /> if it were brought to court,the court would find in his favor. <br /> Mr. Blaisdell said that he agrees that only a building permit would be required. Ron said <br /> that if someone tour down a house and waited three or four years, there would be no <br /> protection and would not be in front of the Zoning Board. Mr. Bonvie said that the only <br /> exposure would be if someone appeals the decision of the Building Inspector, and asking <br /> our input so you know where we stand if there was an appeal. <br /> Chairman Furbush read aloud only part of the bylaw§174.17.1. Charlie read the rest of the <br /> bylaw. Charlie said he intends to issue a building permit,but the Board has a right to appeal. <br /> Mr. Bonvie asked Jonathan if he could get the opinion of the members. <br /> 6 <br />