9/28/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 28, 2016 Chairman Furbush read the bylaws regarding accessory dwellings; under Sections 174-46 Page 93, and 174-25 A 12, Page 27, Principal Residential uses. "Open Space Incentive Development" (OSID) allowed under a Planning Board Special Permit subsection H, at least 20 acres. Mr. Bonvie stated that the Board specifically made a decision that the boat house as permitted today cannot have a kitchen; no cooking facility. Mr. Mendoza said that in his opinion that the kitchen is to be removed, and to get the proper permits to remove it, and also get the proper permits to get it reinstalled where it belongs. He stated that a certificate of occupancy will be issued, but if the owner plans to modify the conditions, they would have to return to the Board. 58 Echo Road- Board to vote to release the bond to the owner of the property The Board read a letter dated September 27, 2016 from Charles Rowley, Consultant Engineer for the Town that he inspected the paving and landscaping at 58 Echo Road. In his letter he recommended the release of the $20,150 bond based on the evidence that the paving has been completed in conformance with approved site plans and the recommendations made by Dan Ojala, PE of Down Cape Engineering. Chairman Furbush read a letter dated September 27, 2016 from Anne Seminar, the property owner into the record regarding the update on the landscape repairs and asphalt. Chairman Furbush asked Charles Rowley how much it would cost to finish the landscape work, and he said a rough estimate of $2,500. The Board had a discussion to determine if the bond was held for just paving or did it include landscaping. If in fact the bond includes both landscaping and paving, the Board can release $17,650, or if it just includes the paving, the entire bond amount of $20,150 can be released. Mr. Bonvie made a motion assigning the Zoning Enforcement Officer to look into the basis of the bond whether it was just for paving or additional work beyond the paving, i.e. site work, and if it was just for paving, than per Charlies Rowley's inspection the paving is complete and approved, a motion to release the $20,150 bond. But if in fact, that the Zoning Enforcement Officer finds out that the bond is being held for issues above and beyond paving, i.e. site work or other items, than he recommends that the Board hold $2,500 and release the $17,650 of the $20,150 for the items outlined in Mr. Rowley's report, dated September 27, 2016 for 58 Echo Road, Mashpee, MA. 2