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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> APRIL 14, 2021 <br /> Attorney McElhinney responded that the ZBA has the authority to vary potentially any <br /> provision within the zoning ordinance. He said that the Board can grant a variance for a <br /> height, setbacks, and lot coverage. He believes that this request is unique because in 2001 <br /> the Board did make the determination. He read a paragraph from the Decision "that the <br /> Petitioner has exercised its rights pursuant to the Variance of 1998 and has fulfilled all of <br /> the conditions within grant of the first year after their issuance." <br /> Attorney McElhinney spoke to the Building Inspector and believes these Variances are still <br /> in effect. He is asking for the Board to reaffirm what was done before. <br /> Mr. Bonvie asked Attorney McElhinney if the old variance was in fact valid would he be <br /> requesting additional relief, and was it a different owner at that time. Attorney McElhinney <br /> said; no. It was a different owner. It was Willowbend Development. The property was sold <br /> in 2012 to Southworth Mashpee Properties, and sold as a buildable lot. Mr. Bonvie said <br /> that when a lot is sold to another owner that has a variance the variance has been exercised. <br /> Dave Morris said that this is an undersized lot, and the variance has been exercised. He <br /> doesn't recommend that the Board issue a variance on lot sizes for any lot that is protected <br /> by zoning under Chapter 40A Section 6. <br /> Mr. Furbush said he received information from the Town Planner, and agrees with the <br /> statement that was made that the Board does not have the right to issue a variance on lot <br /> size. <br /> Mr. Blaisdell asked what the variance was from 2001. Mr. McElhinney said it was for lot <br /> size, for all 35 lots. <br /> Sharon read the Conservation Comments into the record. "No wetlands". <br /> Mr. Reidy read the Board of Health comments into the record. "No comment." <br /> Attorney McElhinney wanted to ask the Board if they believe the prior variances are still <br /> intact. He mentioned that this may become an appeal process from the Board's comments. <br /> He said that there are five other lots that are under agreement, and asked the Board if there <br /> was an alternative way to approach this request. <br /> Mr. Blaisdell said that based on the last statement made, it might be in the best interest of <br /> all parties to see if the applicant would like to request a continuance, and the Board <br /> approach Town Counsel for a legal opinion based on the comments. He is trying to avoid <br /> any appeals, and at least get legal opinion before making a definitive decision on this <br /> particular case, especially if there are possible future cases. <br /> Mr. Furbush agreed, and said that it's not a decision this Board should make. <br /> 2 <br />