8/26/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 26,2020 161 Timberlane Drive: Petitioner, Thomas F. Smith requests an Appeal of the Building Inspector's Decision under M.G.L. Chapter 40A §8 and §15 and the Zoning Bylaws that the constructed enclosed front entry way does not meet the zoning requirements of the front setback on property located in an R-5 Zoning District, Map 22 Parcel 16C, Mashpee,MA. (Owner of record: Janice Leonard, Trustee of the 161 Timberlane Drive Realty Trust). 161 Timberlane Drive: Petitioner, Thomas F. Smith requests a Variance under §174-31 (Land Space Requirements) of the Zoning Bylaws for relief from the front setback of a constructed enclosed front entry way structure, on property located in an R-5 Zoning District,Map 22 Parcel 16C,Mashpee, MA. (Owner of record: Janice Leonard,Trustee of the 161 Timberlane Drive Realty Trust). 161 Timberlane Drive: Petitioner, Thomas F. Smith requests a Variance under §174-33 of the Zoning Bylaws to allow for relief of constructed timber access stairs within the setback to the wetlands,on property located in an R-5 Zoning District,Map 22 Parcel 16C, Mashpee, MA. (Owner of record: Janice Leonard, Trustee of the 161 Timberlane Drive Realty Trust). Sharon read a letter dated August 26, 2020 from Attorney, Christopher Kirrane requesting an extension until the September 9, 2020 hearings. Ron made a motion to accept the applicant's letter dated August 26, 2020 to the requested date for all three hearings. Bill Blaisdell seconded, yes, Scott Goldstein, yes, Jim Gould, yes, Ron Bonvie, yes, Jonathan Furbush, yes. All were in favor to extend the three hearings for 161 Timberlane Drive as requested. OTHER BUSINESS -Vote to approve August 12, 2020 Meeting Minutes. Sharon moved to approve the meeting minutes of August 12, 2020. Jim Gould, seconded, yes. All were in favor. ADDITIONAL TOPICS (This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed.) Chairman Furbush wanted to discuss the Board member comments regarding Variance requests. Mr. Blaisdell wanted to submit a formal request to the Town Manager for a meeting with Town Counsel to discuss their questions.Mr.Blaisdell said that when Section 174-17.1 was written he was part of the team that helped author this new bylaw, and he knows what the intent was. He said if there's case law against it, he would like to know. Ron Bonvie said he reached out to Mark Babowski,who writes about land use,zoning,and case law all over the State, and represents a lot of communities. Ron believes that there is case law that would not require the applicant to seek and obtain a Variance. 7