12/08/2021 ZONING BOARD OF APPEALS Minutes

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IN Town,.;tingarg f Mashpee 16 Great JVeck&ad Jtrorth m -gym Iklaslipee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 8,2021 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, December 8, 2021, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Chairman, Jonathan D. Furbush, Board Members, Ron Bonvie, Scott Goldstein, Norman J. Gould, Associate Members, George Ganzenmuller, Charlie Reidy, Brad Pittsley, and Robert Caggiano were present. Building Commissioner, David Morris was also present. Chairman Furbush opened the meeting at 6:00 pm and announced that the hearings were being televised live on Mashpee TV. He will take comments after each hearing. Board Members, Bill Blaisdell, and Sharon Sangeleer were absent. CONTINUED HEARINGS Sitting on this hearing are the four regular Board Members and George Ganzenmuller. 38 Pleasant Park Drive: Owner, One Village Marketplace, LLC requests an Appeal of the Building Official's Decision under M.G.L. Chapter 40A §§8 and 15. Applicant maintains that the lot qualifies as a protected non-conforming buildable single family lot and should be entitled to a building permit on property located in an R-3 Zoning District, Map 70 Parcel 165, Mashpee, MA. (Continued from November 10, 2021 hearings at the request of the Board) Attorney Kevin Kirrane represented the application. After discussion at the last meeting, the Board continued the hearing in order to afford an opportunity to contact Town Counsel and determine whether there was any additional information to his previous opinion that he rendered when the applicant applied for a Variance eight months ago. Mr. Kirrane agreed to that continuance and mentioned that he provided the Board with case law, his written presentation, and the fact that Variances were granted on those lots. As a general rule, when lot sizes change,they change because of issues and concerns relative to septic, and in this particular case there is an agreement that Willowbend will allow these lots to be tied into their sewage treatment facility. He made it clear that he does not believe that these lots have merged because of the fact that Variances were granted. Chairman Furbush mentioned that he received the same exact comments from Town Counsel and the Town Planner at the last hearing. The only change was that the Town Engineer provided comments that prompted the Board to continue the hearing.Mr.Furbush read an email response submitted by Chris Gallaher, Town Engineer dated November 17, 2021 referencing Attorney Kirrane's written narrative. He also read Evan Lehrer's email response dated same into the record. 1