1/25/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE John F. Gillis, Jr. 18 Shorewood Drive (Map 58 Parcel 34) Mashpee, MA 02649 V-2017-09 He mentioned he is removing the platform from the left side of the deck, and that the stairs have been removed and will not be connected to the house. The steps on the right side of the house are not attached, and will be landscaped wooden steps, and will be approximately 10 ft. from the side property line. Mr. Gillis concluded that he has met all the requirements for the ZBA to raze the house and foundation and construct the new dwelling as planned. Chairman Furbush confirmed that the existing right side setback being 31 ft. The Chairman then read the Conservation comments,the Board of Health,DPW and Inspection Department comments into the record. Mr. Gillis mentioned that he had an asbestos inspection performed. He said he is waiting to find out if there is asbestos in the joint compound, and if found, it will be removed and disposed of by the proper agency. The Building Commissioner commented that he has no issues with the landscaping steps. Mr. Blaisdell said that he just received documentation on February 21, 2017 regarding the zoning changes made at the October 17, 2016 Town Meeting effecting the R-5 Zoning District. The new bylaw side setbacks, for this zone, were reduced from 25 ft. to 15 ft. This has been approved by the Attorney General, but as part of the administrative process, the Town has to publish the approval two consecutive weeks before it is entered into the Town books. Mr. Blaisdell said he is recommending that the Board consider this an administrative issue only, and that the Board grant a 10 ft. Variance. He believes if the Variance request is approved, it will become a moot point in two weeks when this has been advertised in the newspaper, and that the new side setbacks will be in effect. Mr. Blaisdell said that the bylaw has not been advertised yet. There were no comments from the audience or from the Board. Mr.Bonvie read the abutter letter from Paul and Karen Patneaude,of 22 Shorewood Drive into the record. Mr. Goldstein read the abutter letter from Roy and Kath Frederickson, of 14 Shorewood Drive into the record. The subject property located at 18 Shorewood Drive is approximately 10,500 square feet. There were no abutters present. 2