06/12/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 12,2019 43 Birch Way: Owner, Thomas D. Woodson requests a Written Finding under §174-17 and §174-33 (setback from wetlands) to allow for reconstruction of a pre-existing, non- conforming structure on property located in an R-5 Zoning District, Map 27 Parcel 84, Mashpee,MA. Attorney Keven Klauer, represented the application. He said that the structure is pre- existing, non-conforming in the R-5 Zoning District, and this particular structure is required to be 50 ft. setback from any water or wetlands. The building as it exists is 31.5 feet from the vegetative wetlands. The applicant is seeking permission to make some alterations to the deck that is within that setback. The deck is substantially in the same footprint and there's a marginal improvement to the setback from 31.5 to 31 ft. This project was approved by the Conservation Commission. These proposed alterations are not substantially detrimental to what currently exists, and actually is a minor improvement to the non-conformities. Chairman Furbush asked the applicant if he was getting closer to the wetlands. The Attorney said that it will set back slightly.Jon asked what the size of the lot was. It's 14,979 sq. ft. upland. Charlie asked if there was an addition in the front. The Attorney said there was a minor retaining wall addition. The Attorney prefers to leave the retaining wall on the plan. The application included a copy of the Order of Conditions. Ron said that the lot coverage is still under 20%. Ron read the document number for the Order of Conditions into the record. Scott mentioned that the plan will need the engineer to confirm the lot coverage. Charlie said that if the wall is over 4 ft. including the footing would require a permit. Sharon read the Board of Health comments into the record. There were no more comments from the Board or audience. Mr. Bonvie made a motion to issue a Written Finding to Thomas D. Woodson, of 43 Birch Way under §174-17 and §174-33 (setback from wetlands)to allow for reconstruction of a pre-existing,non-conforming structure on property located in an R-5 Zoning District,Map 27 Parcel 84,Mashpee, MA. 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan: Owner of Record: Thomas D. Woodson, 43 Birch Way, Mashpee,MA., Project: 43 Birch Way, Sheet no.: 1 of 1, Date: January 17, 2019, Drawn by: JVB, Checked by: MC, Prepared by: Cape & Islands Engineering, Drawing title: Proposed Additions, Signed by: Matthew C. Costa,No. 52282, Professional Land Surveyor. 3