11/10/2021 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION OF AN APPEAL OF THE BUILDING OFFICIAL Owner, One Village Marketplace, LLC 38 Pleasant Park Drive, Map 70 Parcel 165 Mashpee, MA 02649 AP-2021-62 Mr. Kirrane said that his client has appealed the decision of the Building Official on the following basis; that both lots were granted Variance relief by the Zoning Board a number of years ago. It is his position that those Variances have run and continue to run with these parcels of land, and were not Variances that ran to any specific property owner. Those Variances that were granted but the Board a number of years ago were acted upon by the fact that the lots were conveyed. It is his position that those Variances remain, and that the Variance relief was acted upon over several times over the years after the Variance relief was granted. After discussion at the last meeting, the Board continued the hearing in order to afford the 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. The Board concluded and upon review of Town Counsel and Town Planner's documented evidence, determined that the request does not qualify as a protected non -conforming buildable single family lot. In view of the foregoing, the Board made a motion on Wednesday, December 8, 2021 at the Public Hearings of the Zoning Board of Appeals to approve the request of the Owner, One Village Marketplace, LLC, to Appeal the Building Official's Decision under M.G.L. Chapter 40A §§8 and 15 at 38 Pleasant Park Drive, Map 70 Parcel 165, Mashpee, MA. The Board voted as follows; Mr. Bonvie voted no, Mr. Goldstein, no, Mr. Gould, no, Mr. Ganzenmuller, no, and Mr. Furbush, no. The Board voted unanimously to uphold the Building Official's Decision, and denied the request for an appeal that the lot qualifies as a protected non -conforming buildable single family lot. Failing to obtain a supermajority of votes in the affirmative, and in fact obtaining unanimous votes to deny, the request is denied. 2