11/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 10, 2021 Mr. Furbush said this application has been in discussed by the Board several times and the position of the Board by the Town Planner and Town Counsel. He is not sure how to proceed. He read a section of the memo submitted by Evan Lehrer, Town Planner dated December 28, 2020. Attorney Kirrane said the Board received Variance applications to discuss Variance relief which is far different than an appeal of the decision of the Building Official. He does not believe that a supermajority is required, and a simple majority would suffice. He said that Evan's comments suggested whether or not the Variances had been properly acted upon is debatable. Those Variances were granted a short time after both of the lots were deeded to new owners. There's no denying that they are back into common ownership, but it is his position that when those lots were initially deeded, that vested any rights that those Variances granted relative to building on those lots, and when those rights were vested they cannot be taken away by virtually what may be done with the ownership of the lots somewhere down the road because those Variances run with the individual lots and not with the individual owners. Dave said he sent an email dated January 15, 2021 to Chairman Furbush and his opinion is that these are substandard building lots are owned in common ownership and must be combined under one lot under M.G.L. 40 A Section 6. Chris Gallagher, Town Engineer asked the date of the Variances and the date of the conveyance. Attorney Kirrane said they were recorded in August 31, 2007. The decision was filed with the Town Clerk on July 26, 2007. The conveyance was granted within the year of the variance relief. Both lots were deeded. Mr. Gallagher mentioned that he had a similar situation in another community. Attorney Kirrane said that if the Board would like to solicit further input from Town Counsel. He has provided a couple of cases to the Board. Attorney Kirrane agreed for a continuance until December 8,2021 for the Board to receive comments from Town Counsel and the Town Planner. Mr. Goldstein made a motion that the Board agree to the continuance. Mr. Gould seconded. All were in favor. Sitting on this hearing are the four regular Board members and Brad Pittsley. 118 Wading Place Road: Owners, Steven J. and Tricia I. Szymanski request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace an existing single story non-conforming residential structure with a new two story residential structure on property located in an R-3 Zoning District, Map 111 Parcel 110, Mashpee, MA. 10