12/13/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 13, 2417 Mr. Mendoza provided the Board with the specific requirements under the Architectural Access Board Code (AAB), and his'research for this particular case. He proceeded to give a brief training on the AAB and noted that the ADA is Federal Law and more strict. Mike said he's in charge of enforcing the Massachusetts Law. He read allowed the numbered requirements listed under Section 521 CMR that detail the descriptions of door openings and floor space. He told the Board to referback to Options A & B, which shows the door doesn't meet the handicapped accessibility requirements.He asked the Board to reconsider the application because the original plan complies with handicapped accessibility requirements. Mr. Blaisdell said that the Commissioner has explained the details of this case,and the only way to accommodate the handicapped bathroom for this particular property is to get a Variance because there's no other physical way for someone in a wheelchair to access the bathroom and shower area. Mr. Blaisdell said he believes the applicant did his due diligence to come up with a solution so a Variance would not be required. He worked with the Building Commissioner on several options to avoid a Variance. They corrected the issue of a Variance but they did not meet the code for the handicapped accessibility. He agreed that this is a very special circumstance with a hardship involved. He recommended that the Board reopen this case. Mr. Goldstein has reviewed the plans and the State requirements and he agreed it's a very minor Variance request. The bathroom design is minimal as possible to make it handicapped accessible and is just large enough to accommodate the needs required. He said the lots in this area are very small, and this Variance is very minor. Mr. Gould said that this is an overwhelming hardship for this case, and he believes that the applicant being the caregiver should be able to live with his family. He said this Variance should be granted because of the hardship involved and the options displayed by the Building Inspector. Mr. Goldstein made a motion to approve the Variance for 16 Bluff Avenue Owner,William J. Peros requests a Variance of the side yard setback under §174-31 of the Zoning Bylaws to allow for construction of a 6' x 13' addition to an existing single-family dwelling on property located in an R-3 Zoning District, and Popponesset Overlay District, (Map 112 Parcel 93), Mashpee, MA. The Board issues a Variance in the amount of 1.5 ft. right side yard setback, and under the following conditions; The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. Certified Plot Plan—Proposed Addition, 16 Bluff Avenue,Mashpee,MA 02649. Prepared by: Cape & Islands Engineering, Summerfield Park, 800 Falmouth Rd., Suite 301C, Mashpee, MA., Drawn by: JB, Check by: MC, Date: Sept. 18, 2017, Sheet 1 of 1, Signed by: Matthew J. Costa, No. 52282, Professional Land Surveyor. Also includes all Town department comments previously read into the record, and the information packet supplied by the Building Commissioner including the AAB guidelines for handicapped accessibility, a plan showing hardship of the handicapped accessible bathroom that meets the AAB guidelines for the 15 ft., setback requirements, and a hardship of the odd shaped lot. 10