9/27/2018 PLANNING BOARD Minutes

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MOTION: Mr.Balzarini made a motion to continue this Public Hearing for Ockway Highlands . Subdivision to October 31 at 7:30 p.m. Mr. Cummings seconded the motion. CONTINUED October 15,2018 Town Meeting Warrant,Proposed Zoning Amendments The Chair reopened the Public Hearing for the Town Meeting Warrant, returning to Article 16 and beginning with public comment. John Lynch, 25 Overlook Knoll, stated that he was opposed to Article 16. Mr. Lynch also expressed appreciation for the work of Mashpee's Boards and Commissions. Regarding Article 16,Mr. Lynch suggested that opponents were being painted as people against development or expanding homes, but stated that that they were attempting to reach a balanced conclusion that worked for everyone. It was Mr. Lynch's opinion that Articles 16, 17 and 18 watered down protections for all. Mr. Lynch suggested that the issue came out of a request from a homeowner to sextuple the size of a home that would then need variances for setbacks, triggering a legal review of Raze and Replace. It had been determined that the common practice of the old ways were determined by Town Counsel to be illegal and improper. Mr. Lynch noted the appearance of Raze and Replace in the Spring, and the Planning Board's desire that there be meetings to discuss the issue further. The Article was then withdrawn from the Town Meeting Warrant and there had since,been no meetings of interested parties. Mr. Lynch stated that the ZBA then presented three Articles, the new Raze and Replace which substantially weakened the zoning, making it easier to not meet the standards and allowing the Building Inspector to act at the beginning, removing the super majority. Mr. Lynch referenced Massachusetts zoning and nonconformities and the need to limit nonconformities. Mr. Lynch wished to work out issues to accommodate all ahead of time rather than in the courts, and expressed concern about septic and water issues. Mr. Lynch provided an outline of his remarks along with a petition signed by 55 residents and read the text of the petition, in opposition of the three Articles. Mr. Lynch stated that, of the 16 homes on this street, no one supported the Article and he was in possession of eight letters. Mr. Lynch stated that the Town Planner recognized and protected side yards and setbacks, with his Article, which was removed from the Warrant. Mr. Lynch provided the letters and petition to Mr. Lehrer to be scanned and forwarded to Planning Board members. Donna McDonald, not a permanent resident of Mashpee, but a 16 year homeowner who bought their neighbor's home. Ms. McDonald stated that there were hardly any tear downs remaining. Ms. McDonald stated that they had already moved the home back from the road and done everything to conform, but it was a non-conforming lot. They hoped to become residents of Mashpee and had spent the money, were ready to build, but everything had been held up. Ms. McDonald stated that Mashpee was a beautiful town. Hans Binks, 23 G Place, distributed information about Raze and Replace. Mr. Binks agreed that a plan was needed and the old regulations needed to change, but expressed concern about adjusting setbacks and preferred the existing checks and balances, stating his opposition to Article 16. Mr. Binks stated that there was a lack of green space, flooding issues, oversized homes, creating a ridiculous looking community with homes of all sizes and poor environmental issues with 3-5 bathroom homes being built in place of parcels with single bathroom homes. Mr. Binks asked that a new plan be developed. Jill Dunn, full time resident at Greenswoods Circle, noted that she had purchased their home five years ago while seeking a thriving, multi-age, diverse community in which to settle. Ms. Dunn found herself concerned after the last meeting, anticipating homes would increase in value and allowing young families to grow in Mashpee, suggesting that growth should be supported or young families would 6