01/20/1993 ZONING BOARD OF APPEALS Minutes

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• to suspend the public hearing. He said any comments would be helpful to him and to the Commission. Mr. Friel explained that they would put it on the agenda for January 27, 1993 and suspend. Mr. Storrs said the Planning Board had voted to suspend until March 17. 'Ms. Lane suggested the suspension be to a date certain and Mr. Friel suggested the regular Board meeting date of March 24. Mr. Storrs said it might make the most sense to withdraw the application or for the Board to deny. Ms. Lane said that Mr. Storrs was referring to the withdrawal of the original Special Permit application filed in 1990. Mr. Friel asked if the Board of Appeals still had jurisdiction on the Special Permit application since the by- laws were changed after the application was filed and referred to the Cape Cod Commission by the Board of Appeals. Ms. Lane said that the Cape Cod Commission Act does not say that the zoning will be frozen during the period of the application. She said it appeared the Board had no power over the Special Permit application so there could not be constructive approval. Mr. Friel asked if the Board had the power under • Chapter 40A and Ms. Lane replied that she did not think anyone knew. Mr. Makunas asked about the Board's authority to act on modifications or extensions of existing Special Permits and there was discussion of some typical applications. She explained that old zoning could be frozen because of a subdivision freeze which is for eight years. She explained that subdivisions which might have been approved five years ago still have three years more of a zoning freeze. Mr. Makunas said that since most lots in the Town of Mashpee are considered non -conforming because of zoning changes a Special Permit is required to do anything with these lots. Ms. Lane asked if Mashpee required a Special Permit to change a non -conforming structure and was informed that it was. Mr. Makunas asked if someone wanted to add on to a non -conforming structure but not make it more non -conforming by encroaching on a sideline but running parallel to the sideline is a Variance required. He asked if the Special Permit took into consideration that the applicant is going to increase the lot coverage and build something that is non -conforming. Ms. Lane replied that the rule for non-residential structures is that if you want to add a non -conformity you must get a Variance. If an addition was not adding a non -conformity it could be done with a Special Permit and make the finding • that it was not substantially detrimental. She discussed the findings necessary for a'Variance.