02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 27,2019 Mr. Kirrane said that the 40 ft. setback criteria that applies today relative to front yards was not in affect at the time these lots were combined and when the dwelling was constructed. In essence if you take the 40 ft. requirement from Cappawack, and the 40 ft. of Massasoit, together with the 15 ft. on the other two sides, it's about 3,000 sq. ft. available for development. Originally the applicants applied for two Variances,one was a Variance relative to the side yard setback, and also a Variance from the 40 ft. setback of Cappawack. His clients have redesigned the proposed location of the garage so there would be no need for the 40 ft. Variance relative to the front yard setback of Cappawack. The only Variance needed is the 3 ft. Variance from the side yard of the adjacent lot. The size of the lot coupled with the impact of the two streets, and the impact of the structures as they are currently located on the lot, there is only one place to put the garage. The southerly side has the septic system, and would need to be relocated. Mr. Kirrane suggested to the Board that this would be a significant hardship for the owners of the property to relocate the septic system in order to accommodate this very small modest garage proposal before the Board. Mr. Furbush wanted to know if the proposal included the stone driveway depicted on the plan. Mr. Kirrane said; yes. Mr. Furbush wanted to know if there was any comments from Catherine Laurent, DPW Director. Catherine did not send her comments. Sharon said;there was no berm, it's just grass. Sharon read the following Town Department comments into the record; Inspection Department comments dated February 20, 2019. Conservation comments dated February 19, 2019, and Board of Health comments dated February 26, 2019. Mr. Furbush asked the audience if there were any comments. Mr. John Bowen, a resident at 37 Cappawack Road addressed the Board and is in favor of the proposal. Mr. Doug Semple, a resident at 43 Sakonnet Drive addressed the Board and is in favor of the proposal. He said there are two driveways, a dirt driveway to the right of the house on Massasoit, and a shell driveway to the left on Cappawack Road. Jonathan asked Mr. Semple if the stone driveway is pre-existing. Mr. Semple said; yes. Jonathan asked if the stone driveway on Massasoit will be removed. Kevin does not know the answer. Mr. Bonvie made a motion to issue a Variance from the side yard setback to Gary D. and Claire L. Briggs of 51 Massasoit Avenue under §174-31 to allow for construction of a detached garage on property located in an R-3 Zoning District,Map 72 Parcel 45,Mashpee, MA with the following conditions; 3