5/2/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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The.Chair opened the 7:10 p.m. Public Hearing for Articles 18 and 19. MOTION: Mr. Balzarini made a motion to extend Articles 18 and 19 to 7:45 p.m. Mr. Cummings seconded the motion. All voted unanimously. Mr. Furbush stated that the current bylaw allowed the homeowner to do whatever they wanted, provided a wall remained. If the wall did not remain,the lot would become unbuildable. Chairman Waygan inquired what would prevent a building from increasing its footprint. Mr. Furbush responded that the homeowner could not create any additional non-conformities detrimental to the neighborhood. It was confirmed that the footprint could be enlarged provided it did not create additional non- conformities. Mr. Lynch stated that the public would want more input and wished to have greater clarity about the bylaw. Mr. Balzarini stated that the existing bylaw allowed the homeowner to do what they wanted as long as a wall remained. It was Mr. Lynch's opinion that the Article should not be voted on Monday night as it needed more clarity to avoid additional confusion. Mr. Lynch stated that massive homes were being built in the neighborhood, adding that there would no objections if homeowners remained within their footprint. Chairman Waygan stated that permission would be needed in advance of the meeting from the Town Moderator, to be allowed to speak at Town Meeting. Mr. Lehrer read the definition of raze and replace,which was exclusive of foundations. If it was excluded, it could be interpreted that the foundation would remain and therefore used for rebuilding. However, it was noted that new foundations could be added and homeowners would be allowed to extend as long as they stayed within the setbacks. Mr. Balzarini inquired whether there were public hearings about the amendment and the Chair noted that there should have been a vote in public session. Mr. Furbush stated that there was a public hearing with the Finance Committee. Mr. Lynch stated that there was no public input for the amendment, other than the last Zoning Board meeting. Mr. Lynch added that the Planning Board was the legislative body for zoning and asked that the issues be addressed prior to voting to support the amendment. Jim Kelly,Popponesset resident,thanked the Board for the public hearing and expressed frustration that the public has had no input. Mr.Kelly stated his concern that the lots were small in Popponesset, with large mansions being constructed. Mr. Kelly referenced the meetings being held for Mashpee Commons and stated his opinion that he would like to be involved with meetings about this issue, malting it a more inclusive process. Mr. Kelly agreed that the term"substantially"was ambiguous and recommended seeking comment from the citizens. Mr. Kelly wished for all neighbors to receive the same benefits and wants greater clarity on the definition of substantially for the Zoning Board. Mr. Balzarini stated that Town Meeting was the appropriate process for the amendment,to allow the taxpayers to vote on the amendment. Mr. Kelly felt that Town Meeting was too late to be making changes. It was noted that it would be by a 213 vote. Mr. Balzarini stated that if the amendment was not passed,there would be no change to the bylaw, large homes were already built under the existing bylaw. Mr. Balzarini indicated that the amendment would allow a homeowner to improve their home. There was question about seeking variances. Mr. Kelly stated that some new 3,000 square foot homes had been built,with the addition of a 7,000 square foot home, and questioned how that could be allowed. Steve Onkowski also expressed his interest in a better definition for"neighborhood,"pointing out that the Knoll had a smaller view of the neighborhood, and suggested wording that a home could not be seen from one street over. The Chair responded that abutters were informed, by letter, within 300 feet 3