9/5/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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ZBA added"reconstruct." Mr. Mendoza provided copies of the Article from packets from the Board of Selectmen's meeting which showed in the fourth line the addition of"or reconstruction." There was discussion about not permitting"new non-conformities"without a variance. Mr. Lehrer confirmed that there was case law supporting the validity of the Article. The Chair sought comments from Board members, Mr. Balzarini stated that he would like to see the Article pass. The Chair inquired about not more substantially detrimental "to the neighborhood" in the fourth line and inquired whether the ZBA would support the addition. Attending ZBA members did not have an issue with the addition. There was no additional Board or staff comment. The Chair invited public comment. John Lynch, 25 Overlook Knoll, stated that he had trouble with the Article, as it was the same Article that the PIanning Board considered on May 2, with a decision from the Planning Board, with full discussion that it had issues. At that meeting,there was discussion about plans remaining within the footprint, allowing the homeowner to rebuild. It was Mr. Lynch's belief that there had been agreement to include such a statement in the Article and the Planning Board would work on a Raze and Replace Article that would be amenable to all parties. Mr. Lynch felt that the proposed Article was less protective than what was originally proposed on May 2, including the statement"not more substantially detrimental to the neighborhood." Mr. Lynch suggested that this was a Town wide problem, adding that he had received numerous calls about the upcoming Public Hearing and expressing concern about monstrous houses being built. Mr. Lynch felt that the proposed Bylaw was watering down the existing Bylaw, accelerating the process and providing discretion to the Building Inspector with a vote by three members instead of four. Although he felt that Raze and Replace would be a good addition, Mr. Lynch felt that the proposed Article was not ready for Town Meeting vote, Mr. Lynch felt that the Planner's Article#14 was a better option and that Article 16 may create more litigation. Marissa Pointbroder, representing her parents, the Tourneys at 23 Treasure Lane, expressed her support for the Bylaw. The Tourneys owned a 760 square foot cottage on cinder blocks, with a leaching field, and they wished to improve the two bedroom cottage to three bedrooms, creating more conformity in a nonconforming lot, in an existing nonconforming dwelling. The family looked into several options under the current Bylaw, all of which have been cost prohibitive. Their plans would require a variance of only .9 feet with their final plan. Steve McDonald, not a permanent resident ofMashpee, but a homeowner in New Seabury, stated that he purchased a home, for the land, two years ago to convert it into a family home for his children. Mr. McDonald pursued a design and received approval from the Conservation Commission, but found that decisions made by the ZBA had changed in that time. It was Mr. McDonald's opinion that homeowners should be able to build within their existing confines, adding that his design had nothing closer to the setbacks than what was existing. Mr. McDonald discussed the issues of the existing home, stating that it was impractical to renovate the home and adding that a new home would be an improvement to the neighborhood. Mr. McDonald expressed concern about the intent and direction of the proposed Bylaw. Mashpee resident, Ken Bates, expressed concern about Popponesset setbacks. There was confirmation for Mr. Bates that frontage was 60 feet. Dave Caparella stated that his family owned property on Popponesset Island for 40 years, now being passed along to the second generation, who would be unable and uninterested in knocking down the original structure to rebuild and instead, planned to renovate the home. Mr. Caparella asked for clarification regarding renovation at a cost that exceeded the 50%value of the structure, stating that the 8