3/11/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 11, 2020 The Board had a discussion regarding the increase in lot coverage. Chairman Furbush said the Board has not allowed an increase in lot coverage in several years. Mr. Furbush asked the applicant if he could decrease the lot coverage. Mr. Bonvie asked if the new structure will be in the same footprint. Mr. Singer said; no; but by removing the decking between the pool and the garage it will be less distance to the wetland resource area. Mr. Singer said that the Conservation Commission will review the pergola and the decking that is behind the resource area. Mr. Bonvie made it clear that any structure that is being built within any resource area is required to be setback 50 ft. He said any structure that is closure to the resource area would require relief. Mr. Singer said that the structure will be a foot further back from the wetlands which is 18.5 ft. to 19.7 ft. The Board reiterated that the lot coverage cannot be increased. The Board wants a revised plan, and revised comments from the Conservation Department and comments from the Board of Health. Mr. Singer requested a continuance until March 25, 2020. Mr. Bonvie made a motion to accept the applicants request for continuance. Mr. Goldstein seconded. All were in favor. 78 Pond Circle: Owners, Caren Malone and Christine F. Malone request a Written Finding under§174-17 of the Zoning Bylaws to allow for a deck alteration to a pre-existing non-conforming structure on property located in an R-5 Zoning District, Map 64 Parcel 103, Mashpee, MA. Mr. Kieran Healy with the BSC Group represented the applicants who are requesting to remove a portion of their deck, and increase the amount of deck in the setback and position it over the existing driveway. He provided a site plan depicting the existing deck that will be removed, and a corner of the deck that will be replaced. The existing lot coverage will decrease by removing a total of 45 sq. ft. within the setback; the existing setback is 20.1 ft., and the proposed will be setback 22.8 ft. The existing deck area is 88 sq. ft. and will be reduced to 43 sq. ft. The lot coverage is currently 15.9% and will increase to 17.4%but is a pre-existing non-conforming situation. Chairman Furbush read the DPW comment into the record that a curb cut permit will be required. He read the Conservation comment into the record; no wetlands jurisdiction. Chairman Furbush polled the members for comments. There were no issues. Mr. Bonvie made a motion that the Board issue a Written Finding to Christine F. Malone and Caren Malone of 78 Pond Circle with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 3