2018-Annual Town Report - Laserfiche WebLink

Home Browse Search

Plan of Land dated April 13,2017,prepared for Mark pre-existing non-conformities are not substantially and Donna Lopez by Cape&Islands Engineering(the more detrimental to the neighborhood than those non- "Plan"),by purchase from or exchange with the own- conformities existing prior to the razing of the existing ers thereof for open space, conservation and passive structure and that there is adequate land area on the lot recreation purposes, consistent with the provisions of to provide sufficient parking. In no case shall any new M.G.L.Ch.40,§8C and Article 97 of the Amendments non-conformities be created with respect to any to the Constitution of the Commonwealth of replacement structure without the issuance of a Massachusetts; and, in consideration of said acquisi- Variance or take any other action relating thereto. tion, to authorize the Selectmen and/or Conservation Commission to transfer and convey by sale or Submitted by the Zoning Board of Appeals exchange a portion of that certain parcel of Town owned land designated on the Mashpee Assessors' Explanation: This article will clarify the authority of Map 45 as Block 9-0, located at 127 Meetinghouse the Zoning Board of Appeals and the procedure to Rd. in Mashpee, Barnstable County, Massachusetts, review and regulate the razing and replacement of pre- consisting of Three and Seventy Two One Hundredths existing non-conforming dwelling structures under the (3.72 ac.) acres, more or less, as shown on said Plan; Zoning Bylaws. further, to authorize the Board of Selectmen and Conservation Commission to petition the General The Board of Selectmen recommends approval of Court for such authorization and approval as may be Article 17 by a vote of 5-0. required under Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts The Finance Committee recommends approval of to effect the exchange of land proposed herein; and to Article 17 by a vote of 4-0-1. authorize the Board of Selectmen and Conservation Commission to enter into all agreements and execute Motion made by Selectman John Cahalane. any and all instruments on behalf of the Town, upon such terms and conditions as they shall deem to be in Motion to indefinitely postponed passes at 8:04 the best interest of the Town, to effect said exchange PM. of real property interests. Article 18 Motion passes unanimously at 8:02 PM. To see if the Town will vote pursuant to M.G.L. Ch. Article 17 40 to authorize the Board of Selectmen to purchase an 80 percent low income restriction on a real property To see if the Town will vote to amend the Zoning identified as 37 Center Street, (Mashpee Assessors Bylaws by adding a new section § 174-17.1 to read as Map 36,Parcel 47D)using general funds,Community follows: Preservation Act, donations, and/or other sources of revenue, and to authorize the Board of Selectmen to §174-17.1 Raze and Replace: prepare and execute such agreements, deeds, and No pre-existing,non-conforming single or two family other instruments necessary to effect such transfer dwelling structure shall be razed and replaced on any upon such terms and conditions as the Selectmen shall lot unless a Special Permit issued by the Zoning Board deem to be in the interest of the Town, or take any of Appeals authorizes such action. For purposes of other action relating thereto. this section, "razed and replaced" shall be defined as the voluntary removal of one hundred percent(100%) Submitted by Petition of all pre-existing structural materials and mechanical systems of a structure or structures,exclusive of foun- Explanation: The 37 Center Street condominium was dations, and the replacement of those materials and built pursuant to a comprehensive permit issued under systems with new materials and systems in further- M.G.L. C. 40B. When it was sold to Ms. McBrien, a ance of the creation of housing. Such a Special Permit deed restriction was placed on the property limiting may be granted only if the Zoning Board of Appeals the resale to persons who make no more than 120 per- finds that any changes,extensions or alterations of the cent of the median area income. While the property 61