9/27/2018 PLANNING BOARD Minutes

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e s were received from Town Counsel or other parties. A petition with at least 50 signatures was received opposing the Article. The public was invited to comment. Mr. Fudala stated that the Notice did not reference any replacement,which was problematic for the Article. Mr. Fudala suggested that the biggest problem for the Article was that it would eliminate grandfathering for the majority of homes in Mashpee, due to the deletion of a provision. Mr. Fudala suggested that removal of grandfathering would create even more work for the ZBA through variances. There was discussion about the removal of grandfathering. As a result, it was Mr. Fudala's opinion that Article 16 was a terrible Bylaw. Mar. Joyce was recognized and returned to speak, disclosing that he had represented Mashpee homeowners John Lynch and Jim Kelly and in opposition to a requested Special Permit/Special Variance Finding at the ZBA. There was further clarification that Kevin Kirranne represented Mr. Naddaff in that hearing. Mr. Joyce drafted a memorandum containing a survey of local towns and their regulations regarding non-conformities. The Chair asked that it be provided to Mr. Lehrer in order to be distributed to Board members. Mr. Joyce suggested that detriment was not sufficiently defined in Mashpee's proposed Article and recommended verbiage used by Falmouth, reading it aloud and recommending it be incorporated. Mr. Fudala stated that Mashpee provided the protections and questioned the relevancy of Mr.'Joyce's memorandum to Article 17, suggesting that it was related to Raze and Replace: As a 33 year Mashpee Town Planner,Mr. Fudala added that he knew well the Town and State regulations. Mr. Lynch noted that Article 17 made it easier to add onto a house that was already not in compliance and reduced the voting threshold and featured internal contradictions. Mr. Lynch was in agreement with Mr. Fudala's comments. Mr. Lynch further recommended that the Planning Board review the May 2 meeting for comments provided by Mr. Rowley and Mr. Gould. Greater clarification was needed for homeowners who wished to buy, sell or reconstruct their.homes. There was clarification that Mr. Lynch's document was titled Continuance,Extensions, Alterations. The Chair announced the intent to close the meeting at 10 p.m. and the likelihood of extending the hearing to October 3. The Chair further noted that the Planning Board had, again, been given insufficient time to address the Articles in a timely fashion. NOTICE Warrant Article 19/Warrant Article 18: Setbacks from Water or Wetlands-The Chair read the Notice. Written comment was received from Mr. Fudala and the Chair noted that the October 2016 Town Meeting Warrant Article 19 dealt with the same issue, with different wording, and was.discussed in the October 5 2016Planning Board minutes. Mr. Lehrer reported that nothing was received from Town Counsel and Mr. Lynch confirmed that it was referenced in the,submitted petition. The Chair opened for public comment. Mr. Fudala stated that the Public Hearing Notice did not provide an explanation about the Article with proper notice. Mr. Fudala suggested that the Article submitted allowed for the setback of the wetlands to be determined by the Conservation Commission,which was illegal due to it not being allowable for setbacks to vary from lot to lot,based on opinion and an agency like the Conservation Commission, could not legally determine a setback. Mr. Fudala had previously provided a version of this Article that would be legally allowable. The Chair recommended that the previous Article from 2016 be reviewed along with the Planning Board minutes. Mr. Fudala added that there was no mention informing the public that the 50 foot setback was being eliminated by this Article. 9