7/8/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 8,2020 Cindy gave a history of the property saying it was owned and built by her grandparents back in the 1970's. The original site plan contemplated a 15 ft. setback from the property line, but the house was set in the wrong location. The Association did a survey and it was shown that the deck was built over the property line. After purchasing the home from her family, she had to enter into an easement agreement with the Association to obtain title insurance.This agreement was included with her petition package.The Association was in agreement with her proposal as long as she eliminated the overhang of the deck from the property. The existing deck is not built to code and is not safe.In addition,there's a breeze way that has a 2 ft. drop off the back of the original staircase without a railing. She has secured a builder to reconstruct the deck to conform to current day building codes. All the setbacks on the other side of the property are being met,and the lot coverage will be moved from 18.6%to 19.3% and still is under the 20%requirement. Chairman Furbush said that he was pleased with the presentation, and all his questions were answered. Scott asked what the side setback was from the house itself. The house is 1.5 ft. from the side, and she is seeking a 14 ft. variance. Mr. Gould had no questions. Jim Reiffarth had no comments. Bill had no comments. Charlie had no comments. Sharon read the Board of Health comments into the record; no comments. Sharon read the Conservation comments into the record, and the project was approved by the Conservation Department. Scott mentioned to the contractor to be careful that the diamond pier legs don't go beyond the property line below grade. The contractor said he will be using 4 x 6 framing to hold the deck up, and using a 4 x 4 railing system. No abutters called in. Bill mentioned that there will be two separate motions. Scott made a motion to approve the Written Finding deck project for 53 James 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. 2. Site Plan: Provided by: Coastal Engineering, Co. Project: Terri Lee Jessen, James K. True &Timothy V. True, 53 James Circle,Mashpee,MA. Sheet Title: Plan Showing Proposed Deck. Scale: 1"= 10',Drawing File: C19317-V,Drawn by JLH, Checked by: JDM, Sheet I of 1: C2.1.1,Project No.: C19317.00. Date: June 11, 2020, Signed by: John McElwee No.: 33602. 2