04/10/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Homeland Group Realty, LLC 105 Whippoorwill Circle (Map 125 Parcel 150) Mashpee, MA 02649 V-2019-24 VARIANCE CRITERIA: §174-33 — Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least(50') feet from any water or wetland as defined by MGL C. 131, §40. In view of the foregoing, the Board determined the Petitioners met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, April 10, 2019, the Zoning Board of Appeals voted unanimously to issue Miriam N. and Richard A. Coffman, Trustees a Variance under §174-33 of the Zoning Bylaws to allow for construction of an addition within the wetland resource area on property located in an R-3 Zoning District, Map 125 Parcel 150, Mashpee, MA, with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Plot Plan: Proposed Renovations at 105 Whippoorwill Circle, Mashpee, MA, Prepared for: Timothy Rassias, Scale: 1" = 20', Date: Feb. 26, 2019, Drawn by: EJP, TJB, Job Number: 19003, Revisions: Corrected one dimension at pier access detail (1' to 4') 3/6/19, and added dimensions to salt marsh south of work area 4/11/19, Added 50' setback lines to wetlands 4/19/19 by TJB, Drawing No.: B26- 94. 3. Conditioned upon an updated site plan identifying the distance needed from the wetlands in the amount of the Variance needed. Note: Received confirmation email dated 4/19/19 from BSS Design: the closest distance from the part of the house to be rebuilt to the salt marsh is 34' which will need a 16' variance from the 50' required setbackfrom a wetland. 4. Also conditioned upon a revised letter from the Board of Health that the new addition can be heated. Note: Received confirmation email dated 4/19/19 from the Board of Health: These comment are offered after the meeting of April 10, 2019. After review of the proposed floor plans of the former garage space and meeting the builder, Bob Fox on-site, there are no rooms that will be considered bedrooms. The new space may be heated and finished, as designed. 5. Conditioned on all Town Department comments read into the record. 3