02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 27,2019 Mr. Furbush read an email from Drew McManus, Conservation Agent dated Tuesday, February 26, 2019 to Kieran Healy, BSC Group stating that if the ZBA approves please submit two stamped copies of the revised plan. Mr. Furbush opened the hearing to the audience, and asked them to limit their comments to three to four minutes. Attorney Alexander Joyce who represented John Lynch of 25 Overlook Knoll Road, and he also represents James and Patricia Kelly, who reside at 30 Overlook Koll Road. He provided a memorandum and exhibits. Mr. Joyce said he appeared in the fall of 2017 on a few occasions in front of the ZBA opposing not only the Variance application that was submitted in September, but also a Written Finding under Section 174-17 of the Zoning Bylaws.He wanted to touch base with the procedural issues with DEP on the appeal before discussing the merits of the case. He said that the appeal is viable and still pending with DEP.He said DEP is waiting for a"final set of plans" that have to be approved by the ZBA. The procedure is to first file with the Board of Appeals (ZBA) to get the permit, and then a file with DEP to get a wetlands permit under 131 Section 40 of the Wetlands Protection Act under the State Law. In January of 2018,the applicant withdrew his application,there was nothing pending so DEP was not going to act because it was essentially a moot point.His understanding is that DEP was keeping this open depending upon what the outcome is with the ZBA. Mr. Joyce wanted to discuss the merits of the case referring to his handouts. He said that Exhibit B is a plan that Green Seal Environmental performed,and is almost identical to the plan that was done in the fall of 2017, but was recently revised. In October of 2018, the Town of Mashpee did pass a raze and replace bylaw(§174-17.1). He referred to Page 6 of his memorandum that explains pre-existing, non-conform dwellings, but as he said does not apply to carports. He quoted; "In no case shall new non-conformities be permitted without the issuance of a Variance." He questioned if the application was the raze and replace of a dwelling or a dwelling with a carport, and if there are any new non- conformities. Mr.Bonvie asked if the carport was attached to the dwelling.Mr.Joyce said that the carport is attached to the dwelling. Mr. Joyce continued with the status of the carport and said he spoke with Mr. Mendoza, Building Commissioner and asked him if it was a structure. The carport is supported by three posts, and an exterior wall of the current dwelling, and overhang. He believes it is an encroachment of the side yard setback on Seaview Avenue. He mentioned Exhibits D &E which is the opinions of the Building Inspector that this application needed Variances. He believes the applicant has complied with zoning on the northwesterly side set back at 15 ft. 7