9/14/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Jason Stone . 156 Waterway(Map 105 Parcel 238) Mashpec, MA 02649 FINDING-201640 The proposal is to construct a new home that will consist of a 4 bedroom dwelling with an accessory pool, and keep the remaining accessory dock, and dismiss the front yard setback Variance for 29.4 ft. After filing the appropriate application it was discovered that the setbacks of the dwelling on either side of this property were situated from Waterway, and that the dwelling being 27.5 ft. off the front lot line is 26.3 ft. off the lot line. Section 174-31 #6 of the Bylaws states, and allows for front yard setbacks based upon the average front yard setback of the dwellings on either side. This allows for construction of the new dwelling to be within 27 feet of the front property line. The Variance is not necessary with the proposed 29.6 feet of the front lot line. Chairman Furbush questioned the wall surrounding the fire pit that is approximately 2 ft. from the side lot line. Tom Bunker, with BSS Design confirmed that it's not a retaining wall, but is considered a landscape feature seating wall. Tim Luff said the wall is 18 inches high above the average grade. Mr. Mendoza did not see fencing around the proposed in-ground pool. He said that the gate needs to be self-closing and self-locking. Mr. Don Bliss, the builder for the project resides at, 129 Paddock Circle, in Mashpee approached the Board. Mr. Mendoza told him he will require engineering plans for the retaining wall upon permitting. Chairman Furbush read the revised Board of Health comments submitted on September 14, 2016 regarding the revised architectural plans confirming his approval. He also read the Inspection Department and Conservation comments into the record. Conservation approved the project at their August 11, 2016 hearing. GENERAL FINDINGS: The subject property located at 156 Waterway is approximately 16,350 square feet. There were no abutters present. WRITTEN FINDING CRITERIA: §174-17, Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. 2