10/14/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 14,2020 Chairman Furbush said he did a site visit and thought the deck looked unsafe. Mr. Furbush said according to the site plan the upper covered porch is 10.4 ft. from the lot line. Mr. Furbush asked the Cook's if they built the upper and lower decks. Ralph said; no, they were the original existing decks. Ralph said he is not changing the 10.4 ft. setback. Mr. Furbush also confirmed that the lower deck is not within the 50 ft. buffer as shown on the plan, and will not be encroaching on the wetlands. The new deck will be built within the same footprint therefore not creating any new non-conformity,and not expanding a current non-conformity. Mr. Furbush had no issues and polled the Board for their comments. George, no issues,Jim Gould no issues, Bill commented that this case is similar to the last case. The Board needs to determine whether it's more detrimental than what previously existed, and he said it is not more detrimental. Scott, no issues. Charlie had no comments. Sharon read the Board of.Health comments dated October 14, 2020 into the record; no comments. The Conservation Department comments dated October 2, 2020; "This project has been approved by the Conservation Commission." Attorney Mike Gaines represented an abutters located at 2 Annawon Road. He believes that the deck is doubling in size, and does not conform to the current bylaws. He said that the deck is expanding an additional 2 ft. and expanding within the 50 ft. of the most landward resource of the inland bank and not the BVW under Section 174-33 of the Zoning Bylaws. He said that the plan shows that the new deck it is cutting through much of the existing home, and the existing deck is encroaching within the expansion of the deck. Mr. Gaines said his clients chose to live in this area because of the scenery, the pond, wildlife, and are concerned for the wetland resources that abuts their,property. He believes that the expansion would be the latest inclusion into the wetland habitat. He said that the original house only had an upper deck, and no first floor deck and believes it was added in the last couple years along with the patio and block wall.He said that there was no Variance granted for what would be a new non-conforming structure of both decks, and there was no order of conditions from the Conservation Commission.The Conservation Commission issued an NDA and said that the proposed deck will exist within the existing footprint of the hardscape, but the Commission never looked into whether the structures were legally built. He said that the public record does not have any information suggesting the required approvals were granted. Mr. Cook said that he spoke to Conservation, and looked at the site, and the proposed project was approved. He said he would comply with whatever the Town asked him to do. The lower deck was the original deck when they bought the house, but gradually worked on the landscaping since buying the house. 3