4/11/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Edward Coffey 31 Amy Brown Road (Map 109 Parcel 5) Mashpee, MA 02649 V-2018-14 Mr. Kirrane pointed out the Conservation Commission on two different occasions granted Orders of Conditions to develop single-family residences on this lot, and the previous Zoning Board approved Variance relief back in 1999, relative to the fire protection bylaw,to be within 100 ft. of an approved surface, relative to the setbacks from the front lot line and setbacks from the wetlands. There was no discussion relative to the need for Variance relief from the frontage requirements. At the Public Hearings on Wednesday, March 28, 2018, the Board had specific questions regarding the concerns regarding the comments submitted by the Fire Department to access the properties on Amy Brown Road. As indicated over the course of the meeting, Mr. Kirrane said his client met with Fire Chief. The Chief visited the site and submitted a letter to the Board withdrawing the objection that he had because of the improvements that are in the process of being undertaken. The pruning has been done,the paving will be following, and believes that the Chief is satisfied with what is being proposed addresses the concerns that he raised in his letter. Attorney Kirrane said that the road does not meet sub-division road standards. It certainly meets the harden surface requirement relative to the Fire Department letter and other requirements that are set forth in his CMR regulations that he references in his letter. There will not be the 20 ft. that is required under the zoning bylaw, but there is a request for relief for the 20 ft. required with the Variance request. The Chief is satisfied with the pruning that was addressed up to the height that he requested, and will have no difficulty with a truck to gain access to any of the properties on Amy Brown Road. Attorney Kirrane said that Amy Brown Road is an ancient way from the 1900's, and there was no requirement under the zoning bylaw to create a subdivision roadway that would conform to all requirements under the subdivision control law relative to drainage. The issues that were raised, and the objection that was raised by the Fire Department was would they have safe access to these properties, and the letter the Chief submitted is that he is satisfied and is comfortable that it will provide the access that is needed under that particular section of the bylaw. GENERAL CRITERIA: The subject property located at 31 Amy Brown Road is approximately 79,850 square feet. There were two abutters present and commented that they are supportive of the proposed house project, and that all the neighbors on Amy Brown Road are working together to improve the road conditions. 2