1/8/2020 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 8,2020 Mr. Blaisdell asked the question if a Special Permit is necessary if the Board were to approve the application for the Written Finding under §174-17. Attorney Kirrane said that the new structure will conform to all criteria relative to setbacks, height, and lot coverage because it's a five(5)acre lot.Attorney Kirrane said that it's the use that is non-conforming and will not becoming any more non-conforming. The reason he applied for both a Written Finding and a Special Permit is to cover all the bases. The Board had a discussion relative to the Town taking Melissa Avenue which is a road and an easement. Jones Road was a taking. The Board determined there was no relevance with the proposed project. Attorney Kirrane said he is willing to provide the Board with the information if needed. Mr. Bonvie asked Charlie Maintanis if both applications were necessary. Charlie said; yes especially the request under Section 174-17.1 because of the non-conformity of the three dwellings on a single lot. The Board agreed that both applications do apply for this project. Mr. Goldstein wants to make sure that the Board of Health is satisfied. Attorney Kirrane said that the layout of the house would not change, and his client is willing to replace the septic system to accommodate the new dwelling. Charlie said that he would not send the project back to the ZBA if approved by the Board of Health-. Sharon read the Board of Health and Conservation comments into the record. There were no more comments from the Board or the audience. - Mr. Bonvie made a motion that the Board issue a Special Permit under Section 174-17.1 to Barbara B.Nichols for 24 Melissa Avenue with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Existing Conditions Plan — Project Title: Proposed Redevelopment, 24 Melissa Ave, Mashpee, MA, Prepared for: Barbara Nichols, 23 Melissa Ave. Sheet C1.0, Date: November 12, 2019, Scale: 1" = 40', Drawn by: SDM, Checked by: MWE, Job No.: 2012-064, File: 2012-064 Ec. dwg. Prepared by: Baxter Nye Engineering & Surveying. Stamp: Shane M. Mallon,No. 48687, and Matthew W. Eddy, Civil, No.: 43183. 3. Site Plan: Project Title: Proposed Redevelopment, 24 Melissa Ave, Mashpee, MA. Sheet No. C2.0, Date: November 12, 2019, Scale: 1" = 20', Drawn by: SDM, Checked by: MWE,.Job No.: 2012-064, File: 2012-064 Din. dwg. Prepared by: Baxter Nye Engineering & Surveying. Stamped by: Matthew W. Eddy, Civil,No. 43183. For Permit Only Not For Construction. 6