01/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 22,2020 The Board reviewed the conditions issued by the Conservation Commission, and made note that Item 17 would pertain to the deck noting that any changes must be communicated. Chairman Furbush asked the specifics of the house. Mr. Smith said that the lot was vacant and he has been working on the house for two years. He started the process in 2016 and acquired a building permit in 2018 for the house. He said that the deck was permitted by the Building Department. He said he didn't know that he needed to go in front of the Board until he had a frame inspection. Charlie said the issue is the setbacks from water and wetlands. He mentioned that the building has changed quite a bit. He questioned what the original plans were for the deck, and if in fact approved by the Building Commissioner. There was an upper deck added, and an extension put on the lower deck that wasn't part of the original plans which still fell within the 50 ft. setback. The Board had a discussion regarding the fact that the deck was built prior to any building department approvals. Chairman Furbush made his statement clear that if there are any more changes to the plan, the deck will be dismantled. The Board wanted to know if the applicant would require their approval for any stairway or structure leading toward Santuit Pond because it's a structure within the 50 ft. to the.wetlands. Charlie noted that the area has a serious slope toward the water. There were no more comments from the Board. Ron made a motion that the Board issue a Variance to Thomas F. Smith, petitioner of 161 Timberlane Drive under Section 174-33 of the Zoning Bylaws for setback relief from the wetland resource areas to allow for construction of a deck.on property located in an R-5 Zoning District Map 22 Parcel 16C, Mashpee, MA. (Owner of record: Janice Leonard, Trustee of the 161 Timberlane Drive Realty Trust). 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Site Plan: Prepared for Tom Smith of 161 Timberlane Drive, Mashpee, MA. Prepared by J.E. Landers-Cauley, P.E. Civil Environmental Engineering, Falmouth, MA. Drawn by: SAP, Scale: 1" — 10', Sheet 1 of 2. Revisions were 11/5/19, 12/31/18, 12/05/19, I1/29/18, 1/16/18, 1/3/18, 12/18/17, 11/30/17. Signed by John Landers-Cauley, Registered Professional Engineer, No. 35101. Please note: Sheet 2 is not included with this application and was not shown to the Board. The Board has no knowledge of Sheet 2, and will not be approved. 3. The Board issues a Variance in the amount of: 8.9 ft. The plan is depicted as 41.1 ft., and a 50 ft. buffer is required. 2