1/8/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 8,2020 If the Board recalls,there was a past application regarding an issue to deduct from lot area easements 20 ft. or more under the particular footnote of the bylaw. Because Willowbend has agreed to reduce that 20 ft. wide easement to 18 ft., there is no reason to deduct that setback from the lot area.Attorney Kirrane said he has a commitment to record an easement if the Board acts favorably upon the request. The lot is an unusual shape that has relevance to the Variance criteria. What would be considered to be a rear yard setback is essential a front yard setback because of the impact of the two streets; Pleasant Park Drive and Quippish Road. Quippish Road is a paper road and will unlikely be built because it runs into the Willowbend property. The property that is situated across the cul-de-sac bordering Quippish is heavily wooded. The pool will be situated in the front yard. The Variance request is from the paper road which is 15 ft. off the lot line. It would be allowed if it was a side lot line. The setback requirement from the front is 40 ft., and would be a 25 ft. Variance request. Due to the criteria of lot shape as well as the other factors that exist on this site make this lot somewhat unique in this particular zoning district, coupled with the utility easement of the adjacent property, and the shape of this lot. Attorney Kirrane received an email from Matthew Eddy, the Engineer with Baxter Nye stating that"the existing lot coverage for the house is currently is 19.1% if the easement is deducted from the lot area and 13.8%if the easement isn't deducted". The Board discussed that a condition can be made based on receiving a copy of the easement recording.Attorney Kirrane said that the pool and the house on the plan show the lot coverage at 22.8%with the 24 ft. wide easement being deducted from the lot area,which is over the 20%coverage. If the land area within the easement could not be counted for lot coverage calculation purposes,the lot coverage would only be 16.5%. The bylaw only requires easements 20 ft. in width to be deducted. The Board noted that the width will be 18 ft. There were no comments from the Board of Health or Conservation. There were no more comments from the Board or audience. Mr. Bonvie made a motion that the Board issues a Variance for a front yard setback to William Drucker of 61 Pleasant Park Drive. The requirement for the front yard setback is 40 ft., the shown/proposed setback is 15 ft., the amount of relief requested is 25% under Section 174-31 fn. (3), fn. (16) for construction of a pool 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. Proposed Pool Plot Plan: Prepared for: 61 Pleasant Park Drive, Mashpee, MA. Prepared for: William Drucker c/o Gerard Management Group, Inc. Sheet No.: CLO, Date: December 2, 2019, Scale: 1" = 20', Job No: 2017-D40. Prepared by: Baxter Nye Engineering& Surveying. 3. The Board issues a Variance in the amount of. 25 ft. front yard setback. 8