6/13/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 13,2018 Mr. Kirrane mentioned that the Board had some questions regarding the widow's walk on top of the building and the story concept. These are issues that will be addressed by the Building Commissioner at the time a building application is submitted. Mr. Kirrane said that he is seeking Variance relief relative to the lot size frontage requirements, and will not require a Variance from the front setback requirement because the front yard setback is based upon the average setbacks of the dwellings on either side of the building. Also that the lot is effectively dissected by the 50 ft. setback line from the wetland resource areas, and will require a 50 ft. Variance from that requirement. Currently almost the entire building is in that 50 ft., buffer and the new building will also be partially set within that 50 ft. setback requirement. The Board wanted to confirm that the lot coverage is now 25% because it is under 10,000 sq. ft. Mr. Kirrane said that the current lot size requirement is 40,000 sq. ft., and the amount of upland is 7,250 sq. ft. The requested relief is 32,750 sq. ft. The frontage requirement is 150 sq. ft., and this property has 75 ft. of frontage,the relief will be 75 ft. Mr. Bonvie said that the lot coverage needs to be reaffirmed. Mr. Furbush had a concern with the roof deck/widow's walk on the proposed dwelling. Mr. Mendoza addressed the Board and said that the Board can only act on what was applied for and legally advertised. The Board had a discussion and decided that they could only act on what was advertised and that the Zoning Enforcement Officer will need to determine if that roof deck/widow's walk meets zoning or not. There was also a question regarding the lower level depicted on the plan. Mr. Kirrane said that if the Board is inclined to act by not approving the widow's walk, then his client will apply for that widow's walk as part of the building permit request. The Chairman polled the Board and asked if they will agree to a condition to eliminate the widow's walk. The applicant needs to understand that the widow's walk cannot be shown on that plan when he applies for the building permit with the Zoning Enforcement Officer. Mr. Goldstein agreed, Ms. Sangeleer agreed, Mr. Gould agreed, and Mr. Bonvie agreed. Mr. Goldstein said that he would like to see that the application show the calculations of that lower level. The plan doesn't show 50%. Mr. Kirrane said he has an analysis from the engineer that supports the finding that it's under 50%. He was going to present that to the Building Commissioner. 4