1/10/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD of.APPEALS MEETING MINUTES JANUARY 10, 2018 Attorney KuTane said that if in fact the Board has changed its policy, and the plans that were submitted to the Board do not call for any portion of the building to remain,then there is no point in moving forward. 1f this is the new policy that the Board is following, then the plans need to be redone. Mr. Furbush addressed the audience and Board stating that after many hours of discussion with the Building Commissioner, Town Counsel and the Town Manager regarding Zoning Bylaws 174-17, 174-28, and 174-21, it has been suggested and he agrees that the way the current bylaws are written, the Mashpee Zoning Board of Appeals should strictly enforce . the literal interpretation of these bylaws even though it has not done so in many instances in the past.Ikon--conforming and two family dwelling structures may be changed,extended or altered if part of the dwelling structure remains intact. According to the literal interpretation of the Zoning bylaw 174-17, you must keep some part of the dwelling structure to be able to use 174-17 as a way to modify the structure, when you completely raze a dwelling structure, you fall into category 174-28. when the d ellinstructure is _ completely razed, the lot will go back to square one, and you lose all grandfathered protection. Attorney Alexander Joyce approached the Board stating he was ready to submit the evidence and present to the Board regarding the Variance requirements for this specific project. He said he represents Mr. Lynch and Mr. Kelley who are direct abutters to the property. Attorney Kirrane addressed the Board and said that he is requesting a withdrawal, and night have to redesign the structure, and take issue with the characterizations that have been nude. There are no drastic changes to the footprint of the building in terms of lot coverage and there are no drastic modifications to the frontage. Mr. Gould made a motion to accept the withdrawal of the application. Mr. DeBarros seconded, yes, Mr. Furbush yes, Mr. Blaisdell yes, and Ms. Sangeleer yes. All were in favor of the withdrawal of the raze and replace project on 29 Overlook Knoll Rd. 9 Wilsons Grove: Petitioner, John P. Fife} Trustee of the Pike Family Frust requests a Written Finding under §174-17 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 .honing District and Popponesset Overlay District, (Map 118 Parcel ), Mashpee, MAF (Owner of record: Pipe Family Trust). (Confinued from December 13, 2017 hearings at the request of the Board andAttorney). Attorney Devin Iirrane represented the homeowners and said that this application is a little different than the last case. He said he can't recall being involved in an application whereby r the building is located in a velocity zone. when a building is in the velocity zone, and improving that building and the value of that improvement exceeds 0% of the value of the structure, and in this case the structure is valued in the low $100's,, and the minimum work would exceed that 0%,this building can't leave a wall up. 1t has to placed on pilings and it has to be knocked down. 4