9/9/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 9,2020 161 Timberlane Drive: Petitioner, Thomas F. Smith requests an Appeal of the Building Inspector's Decision under M.G.L. Chapter 40A §8 and §15 and the Zoning Bylaws that the constructed enclosed front entry way does not meet the zoning requirements of the front setback 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). (Continued from August 26, 2020 hearings at the request of the Attorney). 161 Timberlane Drive: Petitioner, Thomas F. Smith requests a Variance under §174-31 (Land Space Requirements) of the Zoning Bylaws for relief from the front setback of a constructed enclosed front entry way structure, 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). (Continued from August 26, 2020 hearings at the request of the Attorney). 161 Timberlane Drive: Petitioner, Thomas F. Smith requests a Variance under §174-33 of the Zoning Bylaws to allow for relief of constructed timber access stairs within the setback to the wetlands,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). (Continued from August 26,2020 hearings at the request of the Attorney). Attorney Christopher Kirrane represented the application. Also present was Tom Smith. Mr. Kirrane said he had a conversation with Charlie Maintanis, and would like to table the matter of the Appeal and deal with the two Variance requests. Mr. Kirrane said that Mr. Smith applied for the building permit 2-3 years ago, and the front yard setback was 30 ft. Mr. Smith built the front foyer which is not conforming to the setback at 26 ft. Mr. Smith is seeking a Variance of 4 ft. The Board could grant a Variance under the criteria if they consider the soil conditions, shape or typography. There's an extremely steep slope in the rear to the pond,and there certainly erosion,and the shape of Santuit Pond effects the shape of the lot. The house cannot be moved any closer to the pond, and in this particular case meets the criteria for granting a Variance. Chairman Furbush wanted to know why the structure was built before applying to the Zoning Board, and asked if there was a"paper trail" between Mr. Smith and the Building Commissioner. Mr. Kirrane said that Mr. Smith had a conversation with the Building Commissioner regarding the landing and it was approved, and since he enclosed the landing it now requires an additional step of a Variance. Mr. Smith representing the property owner said that he needed to bump out the landing because the stair way inside the house was very tight. He said he explained this to the Building Inspector who asked for the engineering information and a revised plan. Mr. Kirrane said that this happened when Mr. Smith applied for the occupancy permit. Mr. Smith said this was within the past two years. Mr.Blaisdell asked why the project took so long.Mr. Smith said because he was busy with other projects. 7