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MASHPEE ZONING BOARD OF APPEALS <br /> MAY 11,2016 <br /> MINUTES <br /> Mr. Blaisdell and Mr. Goldstein had a discussion regarding similar variance petition <br /> requests on Wheeler Road that were presented to the Board last December and were denied <br /> by the Board vote. They said that the Zoning Bylaws and Zoning Board members have <br /> changed over the past 20-30 years making these type of variance requests stricter. <br /> Mr. Goldstein read the first paragraph of Variance requirements under M.G. L. Section 10 <br /> into the record. Mr. Blaisdell said that he could not find a good reason to grant a variance <br /> because it did not meet any of the criteria required under the bylaw. <br /> Mr. Goldstein made a motion to approve the request for Variance relief at 341 Great Neck <br /> Road North. Mr. Pittsley, seconded. Mr. Blaisdell took a voice vote and he voted, no, Mr. <br /> Goldstein voted no,Mr.Pittsley voted no,and Mr. Gould voted no.The petition was denied <br /> because it did not meet the Variance criteria under the Zoning Bylaws. <br /> Mr. Mendes asked if he could re-apply at another time. The Board explained that there's a <br /> 20-day appeal period, and that he has the right to appeal the Board's decision within the <br /> timeframe the decision is filed with the Town Clerk. <br /> 45 Coombs Lane: Owner, David Mousette requests a Variance under §174-31 of the <br /> Zoning By-laws for relief from lot size requirements to deem lot buildable on property <br /> located in an R-3 Zoning District, (Map 44 Parcel 28), Mashpee, MA. <br /> Mr. David Mousette represented himself stating he bought the property in August 2015. <br /> He provided a plot plan dated January 5, 2006, and a recorded Variance decision dated <br /> 3/15/2007 requesting to deem the lot buildable. He is requesting to reinstate the Variance <br /> so he can build a house. He said he has elderly parents and would like to build a ranch style <br /> home that is wheelchair accessible. He said that the Variance met the requirements for the <br /> septic system and he removed the deck on the side of the house. <br /> Chairman Furbush said he was on the Board at the time the Variance was issued. He said <br /> he received several comments from different departments especially from the Town <br /> Planner which were previously read into the record for the first hearing. He said that all <br /> three criteria under the Variance bylaw must be met in order for relief to be issued. These <br /> house lots were created many years ago, and the bylaws have changed by a Town vote. <br /> Homeowners were given a grace period to act upon these"grand-fathered"restrictions. For <br /> example;if you owned a 20,000 sq. ft. lot in an R-3 Zone, and later the zoning changed by <br /> the Town vote,it should have been"grand-fathered",but must have been acted upon within <br /> the seven(7) year grace period. Chairman Furbush said that the Town Planner didn't voice <br /> his opinions back in 2007,but unfortunately this isn't the case today. <br /> Chairman Furbush said to the applicant that he might be able to combine the two lots, and <br /> might possibly be able to add onto the existing home. He suggested he speak with the <br /> Building Department and/or Building Commissioner. <br /> 2 <br />