8/9/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Donald T. Kearney and Yvonne E. Kearney 70 Bluff Avenue(Map 118 Parcel 50) Mashpee,MA 02649 FINDING-2017-41 These are both non-conforming conditions which has set the basis for the specific findings as it relates to the alteration and change of a pre-existing non-conforming structure. Mr. Kirrane said that the easterly sideline will become conforming to the new dimension at 20 ft. eliminating the entire non-conformity with the exception of the lot coverage component, which is being reduced from 22.9% to 21.6°/x. All other setback criteria in the bylaw as well as the height requirement are compliant.The correct dimension is 22.9%,not 22.8%that is depicted on the plan. Attorney Kirrane withdrew the request for relief under §174-20. Mr. Goldstein read the Inspection Department comments into the record. Mr.Furbush read the Board of Health and Conservation comments into the record. Attorney Kirrane told the Board that a Health Agent did inspect the home and the septic system will be relocated and upgraded as shown on the plan. He concluded that all three criteria of the bylaw requirements have been met. There were no more comments from the Board. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearings on Wednesday, August 9, 2017, the Zoning Board of Appeals voted unanimously to issue a Written Finding 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. Plan of Proposed Sewa a Dis oral S stem,Prepared for Donald Kearney for Lot 3, #70 Bluff Avenue, in Mashpee, MA. Prepared by: Holmes and McGrath, Inc., Civil Engineers and Land Surveyors, 205 Worcester Court, Suite A4, Falmouth, MA, Drawn by: LAC, Checked: JRK, Job No.: 215207, DWG. No.: 88-4-41A, Sheet 1 of 2.REVISIONS: 5-19-17: Add Fireplace,Update Plan,Drawn by: LAC, Checked by: JRK,2-13-17:Remove existing shed,update lot coverage:Drawn by: LAC, Checked by: LAC/JRK. Signed by: Joel R.Kubick No. 46712,Professional Land Surveyor, and Raul Lizardi-Rivera,No. 46845 Civil Engineer. Construction Details of Proposed Sewa e Disposal S srsttem, Prepared far Donald Kearney. Revisions:Date:3/28/17:Added Buoyancy Calculations,Drawn by:BTP,Checked by: RLR. Sheet 2 of 2. Signed by: Raul Lizardi-Rivera,No. 46845 Civil Engineer. I i. 2