06/14/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, The Popponesset Island Road LLC and Jonathan Bernstein, Trustee of 16 Popponesset Island Road Realty Trust 12 & 16 Popponesset Island Road (Map 105 Parcel 264) (Map 105 Parcel 266) Mashpee, MA 02649 SP-2023-34 Mr. Bonvie commented that the lot structure coverage is 18% prior to the remand hearing court case. His concern is that the day these two lots are combined,the privilege to the non-conformities are gone, and a Variance will be required from the 50 ft. setback. The Board decided to continue the hearing to consult with Town Counsel regarding the two separate lots being combined, and the size of the proposed dwelling. On August 23, 2023, the continued hearing was opened, at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Ron Bonvie, Board Members, Jonathan Furbush, William Blaisdell, Scott Goldstein, and Associate Member, Charles Reidy. Attorney, Michael Ford represented the application for the proposed project. Also present was Raul Lizard-Rivera, Cape & Islands Engineering, and Architect, Andrew Sidford, Architect. 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 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. 3