07/28/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES July 28, 2021 The Board reviewed the photographs of the wall that were provided by Attorney Kirrane, and an abutter of the property. Mr. Bonvie said in his opinion that these walls are foundations. Chris Gallaher also noticed that there is a concrete patio on the front of the house, and was not shown on the original plan. Attorney Kirrane applied for a minor modification but the Board agreed that this is considered a complete modification with the walls on the plan as shown. Mr. Bonvie thought it might require a Variance. He asked if the wall on the right side of the house is considered a structure. Attorney Kirrane said that it was a non-conforming setback before and is considered an alteration or change of a pre-existing non-conforming addition. Mr. Bonvie said that one cannot create any new non-conformity. Mr. Kirrane said there is already a 10.9 ft. non-conforming side yard setback even though it is getting closer, and is not creating a new non-conforming setback on that side of the building. Attorney Kirrane said that an application for a modification would need to be applied for to include the two walls as part of the plate. Chris wanted to confirm that a 10 ft. dimension is considered non-conforming. Mr. Kirrane said that is correct. But it is up to the Board to determine if it is more detrimental to the neighborhood. Sharon read the Board of Health and Conservation comments into the record. Mr. Tim Collins a direct abutter does not object to the wall. He believes that this wall was built knowing that it was not approved by the Board. He said it's a cement wall and is part of the foundation, and believes it is unfair to the owners that this was done. He said it is within 5.5 ft. of Huckleberry Lane. Mr. Kirrane objected to the characterization that was spoken by the Building Commissioner. It is inappropriate and should not have been said. Mr. Kirrane is willing to reapply if the Board agrees. Mr. Furbush said that the information was not included on the plan, and was never approved. The petition was advertised as a "modification", however Attorney Kirrane would like to withdraw and review the information with the builder before returning with a new application. Mr. Bonvie made a motion that the Board accept the applicant's Attorney Kevin Kirrane's to withdraw his modification to an existing Special Permit (SP-2021-10) at 10 Rock Island Road. Mr. Gould seconded, and agreed to the withdrawal, Ms. Sangeleer voted yes, and agreed for the withdrawal, Mr. Bonvie agreed for the withdrawal, Mr. Blaisdell agreed, and Mr. Furbush agreed. 4