08/23/2023 ZONING BOARD OF APPEALS Minutes

Home Browse Search

AUGUST 23, 2023 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES Chairman Bonvie asked for a more clear and concise motion. Mr. Reidy made a motion that the Board accept the request for an extension until December 31, 2023 with completion of the construction, removal of all structures acceptable to the Building Department, and a Certificate of Occupancy issued. Mr. Furbush second, yes, Mr. Blaisdell, yes, Mr. Reidy, yes, Mr. Pittsley, yes, and Mr. Bonvie, yes. All were in favor to allow for the extension until December 31, 2023. CONTINUED HEARINGS 12 & 16 Po monesset Island Road: Owners, The Popponesset Island Road LLC and Jonathan Bernstein, Trustee of 16 Popponesset Island Road Realty Trust requests a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze two existing dwellings, and construct one new conforming dwelling on the combined lots on property located in an R-3 Zoning District,Map 105 Parcel 265 and Map 105 Parcel 266,Mashpee,MA. (Continued from the hearings dated July 26, 2023 at the request of the Board). Sitting on this hearing are the four regular Board members and Mr. Reidy. Attorney Mike Ford is representing the application for the proposed project. Also present was Raul Lizard-Rivera with Cape & Islands Engineering, and Andrew Sidford, Architect for the project. Attorney Ford stated that the hearing was continued to allow the Board to seek some guidance from Town Counsel on the process of the application regarding the proposal to raze and replace two non-conforming structures,each of which are now on a separate non-conforming lot and construct one new dwelling. He stated that the Building Commissioner allowed this process. Some of the Board members took the position that the lot combination to seek the merger to one lot,that would be required to be completed first, and that this would be a zoning violation with two houses on one lot, and lose their non-conformity, and would require a Variance. It was decided to submit the issue to Town Counsel for guidance. Attorney Ford stated that Town Counsel did reach out to him, and he asked Attorney Ford to write down the material facts and issues in a memo. Attorney Ford sent the memo dated July 20, 2023 to Town Hall, and was forwarded to Town Counsel. Town Counsel reviewed the memo and mentioned that based on the fact that there were non-conforming conditions regarding wetland setbacks,lot size, and lot coverage on each of the existing two lots and that the proposal could move forward and no Variance was needed. Chairman Bonvie stated he had a conversation with Town Counsel that was a very similar statement. He provided a letter for the Board to be read into the record. 9