8/22/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 22, 2018 Mr. Wall asked the Board for a further continuance, so that he can process and access this information with his client to make an informed decision. Mr. Goldstein made a motion to accept the continuance until September 26, 2018 for 540 Great Neck Road South of the petition for an Administrative Appeal to the Building Commissioner concerning a cease and desist of a heliport under §174-17, §174-22 and §174-25 of the Zoning Bylaws on property located in an R-3 Zoning District, Map 99 Parcel 40-0, Mashpee, MA (Owner of record: Mary E. Zocchi). Mr. Gould seconded, yes, Mr. Furbush yes, Mr. Pittsley yes, and Ms. Sangeieer yes. All were in favor to accept the continuance until Wednesday, September 26, 2018. NEW HEARINGS S Seconsett Island Road: Owner, Patricia A. Connolly requests a Variance under §174- 31 and §174-33 (Setbacks from water and wetlands) of the Zoning Bylaws to allow for construction of a detached garage on property located in an R-3 Zoning District, Map 119 Parcel 13, Mashpee, MA. Attorney,Kevin Kirrane represented the application and provided the Board with a revised house plan that was drawn by Steve Cook, Cotuit Bay Design who was also present. Mr. Kirrane said this project is a straight forward request. The lot has 46,670 sq. ft. with over 400 feet of frontage along Seconsett Island Road. The lot is oddly shaped triangular lot, and bounded by water on two sides. The applicant is proposing to construct a 20 x 22 ft. single-car garage with an office, game room and half bath above. Due to the design of the residence,the location of the septic,and other pertinent site conditions,the garage has been located on the northerly side of the dwelling because the lot is severely impacted by the velocity zone. There was no other place to locate the garage because there's a Town owned drainage easement that creates a wetland from which the proposed structure will sit only 33 ft. That is the reason for the Variance request from the 50 ft. setback criteria. Mr. Furbush read the Board of Health, and DPW comments into the record. Mr. Goldstein read the comments from the Inspection Department comments which stated that the proposed building will need to be constructed to meet FEMA regulations. The Board and Building Commissioner had a discussion about the 50% rule meaning the value of the structure being 50% more than the existing structure. But because the garage is a free standing structure,the 50%rule does not apply because the garage is not connected to the house. Chairman Furbush said he does not have a problem with the project, but has a problem with the bathroom that's on the second floor. 2