09/09/2020 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 9,2020 Scott Goldstein said he's speaking a one member and as a builder. He said he finds it hard to believe that Mike Mendoza would approve the plan and allow this structure to be built within the setbacks without going to the Zoning Board. Mr. Furbush asked Mr. Smith if he was in front of the Board last year. Mr. Smith said he was required to file an application for the deck that was within the 50 ft.from the wetlands. He said he did not realize he needed a Variance for the front entry way. Scott asked Charlie if he was involved in the conversation with Mr. Smith and Mr. Mendoza.Charlie said he was not involved with the discussion,but he told Tom he required to go to the Board for the setback to the wetlands for the deck after it was built.The original house layout had the garage setup differently and there was no room above the garage,and when Charlie inspected it, there was a change and Tom said Mike agreed to it. An open platform constitutes a landing. Mr. Smith said when he spoke with Mike, he was told to file under 174-21. He said the original zoning was 25 ft. Attorney Kirrane said that the lot was created in 1969, referring to an ANR plan, and the setback was 25 ft.; the request is for 4ft. Mr. Blaisdell asked Attorney Kirrane what would happen if the Board decided to uphold Charlie's decision. Mr.Kirrane said that this would have to go to court. Mr. Gould said that in his opinion this request for a Variance was issued after the fact, and he would uphold Charlie's decision. Charlie said that the house needs to meet today's zoning setbacks under M.G.L. 40A. Ron asked if the ANR plan from 1969 included the language that the lot was certified as a buildable lot by the Planning Board. Attorney Kirrane said the plan was signed by the Planning Board. Jonathan wanted to know if the lot had been vacant since 2016, why wasn't it built on within the seven years it was created. Attorney Kirrane mentioned that the original subdivision plan was an ANR plan,not an 8 1 U plan. Charlie did not receive the ANR plan in the Building Department, and the original permit was for the house. Attorney Kirrane said the ANR plan is book number 238 page 73. The Attorney commented on the definitions of setbacks and frontage indicated in the bylaws. Mr.Blaisdell suggested that these three matters be continued,and that the applicant supply Charlie and the Board with the requested information prior to the next meeting. Chairman Furbush polled the Board for their comments. 8