02/09/2022 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 9, 2022 Attorney Kirrane said that anything under the New Seabury Special Permit freezes the zoning at the time it was approved which was back in 1970. A lot of the bylaws that were adopted and established dimensional requirements since then would not apply to a project that was within the special permit area. That special permit specifically set forth what the setback criteria's were. Water view is not a proper consideration under the Zoning Bylaws. The ARC (Architectural Review Committee) has private restrictions and do not have anything to do with issues relative to Zoning. The plan that was presented pursuant to the comments that were made the first time reduces that setback of the second floor by almost 50% and he cannot tell specifically where the view corridor is that they are not really entitled to under zoning. But the reduction in the width of that story would have less of an impact on any view concerns than what was previously proposed. The ARC approved the project and provided a certificate. Mr. Furbush commented that the water is not covered under any zoning bylaws. The ARC has nothing to do with the Zoning Board. Ms. Hudon said that the homeowners are members of the community, the ARC homeowners of the Peninsula Council and should be set to follow the guidelines. She said she understands. Mr. Hudon wanted to know why it is necessary to issue a Special Permit in the first place if they are not part of the ARC. She asked the Board to consider their concerns because the house is much larger than what is there now, and will be towering over neighboring houses. Mr. Furbush said that the Zoning Board did not ask for the ARC certificate, and the Zoning Board does not require anything from the ARC. Mr. Kirrane said that the ARC has private restrictions that has nothing to do with the Zoning Board.Mr.Furbush thanked the Hudon's for their comments. There were no more comments from the audience, or the Board. Mr. Reidy made a motion that the Board issue a Special Permit to Owners, Jody and Alexandra Simes under §174-17.1 of the Zoning Bylaws to raze and replace a three bedroom single family residence with a new three bedroom residence on property located in an R-3 Zoning District, Map 105 Parcel 84, Mashpee, MA, with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 5