10/14/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 14,2020 Mr. Reiffarth said that this construction was not done in 1967,this is new construction and believes it would be under the current zoning. Mr. Bonvie commented that if the grandfathering protection ran out 5-8 years later, for example in 1972 during that time the owner of this parcel conveyed it out and it was not owned contiguously it could not comply with other zoning changes. If this lot was held in common ownership, and was not family and was sold "from me to you", that lot is good forever for zoning purposes. But Conservation or Board of Health would be exempt from zoning changes. Charlie said this is not a building code issue because the structure is under 200 sq. ft. and does not need a building permit. The Zoning says any assembly of materials. Attorney Kirrane stated that this application references the bylaw and is required for anything within the 50 ft. buffer, but if the Board feels it is grandfathered as well he will not argue against that. Jonathan asked the Board if there were any more comments. Attorney Kirrane said this application requires a 50 ft. Variance from Section 174-33 because the boardwalk is within the entire 50 ft. buffer of the wetlands to the pond. Mr. Bonvie made a motion to issue a Variance to Thomas F. Smith under§174-33 wetlands setback in the amount of 50 ft.The applicant is seeking a zero ft. setback through the entire wetlands to allow relief for construction of a 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). In issuing this Variance,the Board finds that the applicant meets all of the conditions under M.G.L. Chapter 40A. Referencing a site plan prepared for Tom Smith of Lot 179, 161 Timberlane Drive, Mashpee, MA. J.E. Landers-Cauley, P.E. Civil Environmental Engineering, PO Box 364 West Falmouth, MA. (508) 640-7733. Assessors #22— 16C -0, Scale: 1" = 10', Job No. 2817-092220, Drawn by: SAP, Sheet: 1 of 1. In making this motion, also includes any and all comments read into the record at previous meetings. Mr. Gould second, yes, Scott Goldstein, yes, Bill Blaisdell, yes, Ron Bonvie, yes, and Jonathan Furbush, yes. All were in favor to issue a 50 ft. Variance from the wetlands for the timber access stairs. Attorney Kirrane said based on Town Counsel's opinion and Charlie Maintanis' opinion, the lot is grandfathered and meets the setback requirements as existed,and that a Certificate of Occupancy can be issued,and hereby request that the Tom Smith Appeal of the Building Inspector's decision under M.G.L. Section 40A and §8 and §15 and the Zoning Bylaws be withdrawn, and also the request from Tom Smith that the Variance under §174-31 of the Zoning Bylaws for relief from the front setback of a constructed enclosed front entry way structure also be withdrawn. 7