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16 Great Neck RoadWorth <br />Nashpee, -Massachusetts 02649 <br />Mr. Lehrer read the draft into the record. <br />Ms. Waygan asked if the word substantial is needed, "may constitute substantial detriment". <br />Mr. Lehrer went on to say the purpose is to preserve the character and general scale of <br />neighborhoods. <br />Mr. Oakley would like the purpose to be stated as early as possible. <br />Mr. Lehrer will flip the paragraph and present the next draft at the following meeting. One thing <br />that is open ended with the Building Department, we have language in the bylaw to develop a <br />vacant buildable lot. If there is an approved subdivision plan endorsed by the Planning Board, <br />and someone were to tear down a house and leave it sitting vacant for some time, could they <br />come back in and submit a permit? The answer is yes, they could, with applicable zoning <br />criteria at time of original subdivision approval. Is it prudent to recognize that in raze and <br />replace? He wants to incentivize property owners that build within the existing footprint by - <br />right. 174-21 is the section that grants people the ability to build on preexisting non -conforming <br />lots. If it was a 30ft. front 15ft. side and rear, you tear down your house, you could build within <br />those criteria. He thinks there are very many of these lots. Right now we are not seeing demo <br />of these homes and replacement because they are new. No new non conformities should be <br />permitted. You can increase in lot coverage. You can exceed current lot coverage as well. <br />Increase building height. The next section contemplates substantial detriment. <br />Detriment: creating new non conformities, increase in floor space that is non -conforming by <br />more than 40% within a 10 year time period. <br />Ms. Waygan noted there is still subjectivity, can it just say you can or cannot do something. <br />She does not want to allow any new conformities. Instead of actions can we just say things <br />that are prohibited? <br />Mr. Lehrer noted numbers 2 and 3 in this paragraph are confusing. He will jump to number 4. If <br />you have a side yard setback non conformity you can make your footprint larger and go up in <br />height and lot coverage but you cannot have side yard non conformity and you cannot move <br />closer to side yard. He will work on these items. <br />Ms. Waygan noted they need to figure out what to do with balconies and terraces. There have <br />been complaints about walls but also all of a sudden there is a second floor balcony and <br />people are hanging over the abutting cottage. They might have to hire an architect and it is <br />15 <br />