12/14/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 14, 2016 The plans and the photographs depict adequate space for parking. Mr. Gildea said that the Building Inspector's comments are based on his interpretation that changing the sunroom to be rebuilt into a kitchen would constitute the need to require a Variance and would be less non -conforming. Mr. Gildea thought it would be more non -conforming. He also thought it would reduce the lot coverage. Mr. Gildea said that the lot coverage is not going up but going down as is the setback non -conformities in the front are going down. He respectfully disagrees with the Building Inspector that variance relief is required. Mr. Gildea said that non -conformities are not determined during the course of construction, non -conformities are determined as it exists, and as is proposed. Mr. Blaisdell read the Inspector Department comments into the record. Mr. Bonvie asked if this piece of the property was being removed, and being torn down, and then being rebuilt into a kitchen. The Board had a discussion regarding the Inspector's comments and determined that it was his comments and only his interpretation. Mr. Goldstein noticed that the lot coverage on the Architect's plan depicts different figures than on the plot plan submitted by BSS Design. Tom Bunker said that he doesn't think the architect included the bulkhead. Mr. Bunker said he included the bulkhead. Mr. Bonvie read the Board of Health comments into the record, and Conservation comments into the record. Mr. Bonvie made a motion to issue a Written binding with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Plot Plan- Proposed Additions and Subsurface Sewage Disposal System Upgrade, Prepared for Kelly Spinard, 3 Bluff Avenue, New Scabury, Mashpee, Mass. By BSS Design Engineering & Surveying, Scale: I" = 20', Date: Oct. 26, 2016, Drawn by: EJP, MRT, Checked: JER, Job Number: 15198, Title: Site Plan 1 of 2, Drawing Number: P23-98. 3. Existing First Floor Plan — Spinard Residence, 3 Bluff Avenue, Mashpee, Mass. Job No: 1605, Date: 29 February 2016, Scale: As noted Scale: 3116" = 1' — 0", Drawn by: MM, Sheet 1 of 2 EX -1, EX -2 Existing Exterior Elevations. 4. Floor Plan --- Additions & Alterations to the Spinard Residence, 3 Bluff Ave, Mashpee, Mass., By: Archi-Tech Associates, 6 School St., Cotuit, MA, Job No: 1605, Date: 01 November 2016, Scale: As noted — 114" = F-0", Drawn by: MM, Sheet 1 of 2 —A1 & A2 —Exterior Elevations. 0