02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 27,2019 Mr. Lynch said he was not sure if Mr. Bonvie was present at any of the previous hearings, however Mr. Blaisdell was acting Chairman at the time and told Mr. Kirrane that it was reviewed by Town Counsel because the system was wrong and they would redo the whole thing, and revise it. The application was withdrawn. Mr. Jim Kelly, an abutter that resides at 30 Overlook Knoll Rd. He had the Board review a picture of the sea wall at the coastal bank. He said that people cannot walk by the beach from the Popponesset Spit. He said that this wall is the worst wall on the beach and said that DEP will need to address this,but he thinks the Board should know that it will collapse. He thinks that this house is detrimental to the neighborhood. Mr. Fred Naddaff, the homeowner of 29 Overlook Knoll said that not all are against the project. The ones against it are saying that the house is 5,000-7,000 sq. ft., the house is 3,700 sq.ft.He passed out photographs of houses that are two stories or larger on Overlook Knoll, and two adjacent streets. He said more than 50% of those houses are over two stories. In addition, on all the similar streets that are on Popponesset, there are over 50 houses that are of similar size or much larger, and almost all of them are on smaller lots. He said this house is 3,700 sq. ft. He said this project has been going on since 2016. He met with Mike Mendoza, Conservation and Board of Health to make sure he could construct his house. Denise Bonoli, the Architect for the project said that as the Architect she has to design a building, or dwelling to conform to the setbacks, lot coverage, and height according to the bylaws land space chart. If she were to design a garage, a carport, or a covered porch, or an uncovered deck, all of those need to conform to the requirements. In the land use chart it says that building setback, building height, building lot coverage; the definition is building equals structure. She said that Mr. Joyce said he acknowledges that this is a structure. This is how she is required to design the house. Mr. Bonvie made it clear that if anyone wants to speak, it has to be something new to discuss. Mr. Kelly asked to speak again, he addressed the Board and was belligerent. He told the Board stating he's a tax payer, and stated that the Board works for him. Mr. Joyce interjected and said; they are volunteers. He said that the homeowner mentioned it was 6,000 square feet. He wants to know if the house will be 3,700 sq. ft. Mr. Joyce said no one objects to a second floor,but stay within the boundaries as set forth in the bylaw. Mr. Naddaff said that it will be 3,700 sq. ft. of living space. 9