10/25/2017 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 25, 201'7 Mr. DeBarros read the Inspection Department comments dated October 10, 2017 into the record. Mr. Pittsley read the Board of Health comments dated October 24, 2017 into the record. Mr. Gould read the Conservation Comments dated October 16, 2017 into the record, no adverse impacts. Mr. Gould wrote and read into the record a letter to the Drew, Conservation Agent asking for clarification on whether a Variance is needed by the ZBA for under bylaw §174-33 because it has a vague description and is difficult to determine what ZBA application best suits this bylaw. Mr. Bonvie mentioned to the Board that he and Jonathan met with Drew, Conservation Agent asking him about the 50 ft. setback and whether that this is something that the ZBA should be relying on Conservation. Drew said they are two separate distinct issues, Conservation should be one,but the ZBA's decision should be based on other criteria above and beyond Conservation's opinion and decisions. Secondly, the bylaw is written with the description as setback from water and wetlands, and in his opinion would require a Variance. Mr. Bonvie asked Steve Cook if he spoke with Mike Mendoza asking what kind of application to file. Steve said _it was a Written Finding because it's pre-existing,_non- - conforming. Mr. Bonvie as Acting Chairman, in his opinion believes it's a•Variance because he is making it less conforming,and is seeking relief as stated in the advertisement. Steve Cook asked if stairways are counted toward setbacks, and does not believe they are counted and the stairway is a second means of egress out of the house. The stairs are roughly 3 ft. wide, and is not extending the noir-conformity. The corner of the deck is 33 ft. and he could angle the corner deck off to make it 35 ft. This application is construction of a deck in the 50 ft. buffer, but can be more than 35 ft, out which is the Written Finding. Mr. Bonvie said that in his opinion would then be a Written Finding because you are not getting any closer to the wetlands. Mr. Bonvie polled the Board asking their opinion. Mr. DeBarros does not have an issue, Mr. Pittsley said he agrees if he trims the corner of the deck and makes it 35 ft. it is pre-existing. Mr. Gould does not have any issues. Associate Sharon wanted to know if stairs are part of the footprint. Mr. Bonvie does not believe stairs are inclusive in setbacks. If this is correct and the stairs are 3 ft. wide,that would be 35 ft., and would not be adding to the non-conformity. His only concern would be a new plan to be submitted. Mr. Bonvie made a motion to continue the hearing until November 8, 2017 and would like the applicant to provide a new plan and to confirm with Mike Mendoza, Zoning Enforcement Officer if stairs are included in setbacks or not. Mr. Pittsley seconded. Mr. DeBarros yes, Mr. Gould yes, and Ms. Sangeleer, yes. All were in favor of continuing the deck project. 4