7/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 22,2020 Mr. Bonvie made a motion to issue a Variance for Owner, David G. Peck requesting a Variance under §174-33 of the Zoning Bylaws to allow for construction of timber access stairs within the setback to the wetlands on property located in an R-3 Zoning District,Map 77 Parcel 38, Mashpee, MA 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. Conditioned on all Town Department comments read into the record. 3. Plot Plan =Proposed Stairs for t Chestnut Street, Prepared for: David Peck, Plan date: May 8, 2020, Plan Scale: As shown, Prepared by: Falmouth Engineering, Project Number: 19079, CAD File Name: 19079SP, Drawn by: L.M., Sheet 1 of 1, Signed by: Michael J. Borselli,Civil Engineer:No. 35054,and Gary S. Labrie,No. 40039 date 5/28/2020. 4, The Board issues a Variance from the wetlands in the amount of; 50 ft. 5. This: property has obtained all necessary approval from the Conservation Department. Mr. Goldstein, seconded, yes. Mr. Bonvie, yes, Mr. Blaisdell, yes, Mr. Ganzennluller, yes Mr. Furbush�yes All were in favor of the 50 ft. Variance from the wetlands. 19 Pem Lane: Owners,Richard J. Cook and Diane E.Cook request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a non-conforming single family use cottage structure on property located in an R-5 Zoning District, Map 89 Parcel 31, Mashpee, MA. Attorney Kevin Kirrane represented the applicant for the raze and replace project of a cottage structure. The lot consists of over 43,000 sq. ft. and has a primary residence, and a smaller cottage residence. There were questions raised from the Building Department whether thecottage was considered a residence, so Mr. Kirrane provided the Board with an appraisal, of the property that the homeowners had done when they purchased the property, and clearly states that it has a bathroom facility and is considered a residential structure. The applicants intended to renovate the cottage, but because there was mold damage andjoundation cracks, so they decided to remove and replace the cottage. The current size of the cottage is 762 sq. ft., and the proposed will be 747 sq. ft. It's a modest one bedroom structure. The foundation is in disrepair, and a portion of that will be rebuilt to current code requirements. Currently the structure is within the 50 ft. of the wetlands, but the new structure will be further away from the resource area, and could be approved for that particular relief under §174-17.1. 2