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16 Great Weck RoadWorth <br />-Mashpee, -Massachusetts 02649 <br />Mr. Fudala elaborated that the bylaw reads any dimensional pre-existing non -conformity, it is <br />pre-existing because it pre-exists the bylaw that went into effect. This means you have intruded <br />into a setback and violated that setback, before this bylaw you have created a preexisting <br />nonconformity. There are no new nonconformities without a variance. There might be an <br />extenuating circumstance that allows a variance like topography or a hardship. Once you get a <br />variance, you are no longer considered non -conforming. <br />It was stated the bylaw should be applicable town wide. <br />Discussion ensued about exceeding lot coverage in a floodplain where the footprint needs to <br />be maintained, could the footprint be expanded? Most of Popponessett is a flood zone, and lot <br />size cannot be defined in wetlands. <br />Mr. Fudala also noted flood insurance cannot be obtained without abiding by the standards <br />being set by federal regulations. The whole concept is to not make things worse for your <br />neighbors. <br />Ms. Waygan commented the footprint cannot expand because they are maxed out on lot <br />coverage. Mr. Fudala stated if it is already non -conforming the ZBA would approve. She asked <br />if anything could be done to clarify the calculations. Their denominator is zero and undefined, <br />is there anything we can do to get over that, so that we truly only have 25% coverage? <br />Mr. Fudala stated the point in Popponessett was for those cottages to remain small. There is <br />no such thing as Raze and Replace. A preexisting non -conformity was a setback that was <br />there before zoning, before it was required to have bigger setbacks. Such a special permit may <br />be granted if ZBA deems not substantially detrimental to the neighborhood. <br />BOARD ENGINEER REPORT <br />Mr. Fudala handed out pictures that were received via email regarding Ockway Highlands. <br />The Board voted to require a cash security, that was done for loam and seeding and the <br />release of the tripartite. He then went on to repair gravel potholes in good faith and this work is <br />satisfactory and discretion is no longer necessary. <br />Most of the discussion was regarding a mound of dirt, which his pictures show a mound of dirt <br />with grass growing. There is a grass swale with no grass but mostly dirt. He would take that up <br />with Mr. Pesce some other time. His response was that the conditions pertained to the road not <br />the dirt pile. The complaints about the dirt pile have been ongoing. <br />3 <br />