09/11/2019 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 11,2019 Mr. Goldstein, seconded, Mr. Reiffarth, yes, Ms. Sangeleer, yes, Mr. Furbush, yes. All were in favor to issue the Variance for the shed. 79 Cayuga Avenue: Petitioner, David J. Rivera requests a Variance under §174-31 from the front and side yard setbacks, and lot coverage requirements to allow for construction of a garage and porch on property located in an R-3 Zoning District, Map 58 Parcel 12, Mashpee MA. (Issued Variance V-2016-38 expired), (Owner of Record: Kristen E. Ferguson). Mr. Dana Wessel,Northside Construction represented the applicant, and Kristen Ferguson who was present. The reason this petition is back in front of the Board is because the original issued Variance expired. He said there are no changes to the original, and he's asking that the Board to re-approve the Variance that was issued in 2016. Chairman Furbush wanted to make sure that the project will be starting soon. Mr. Wessel asked if the Board could waive the 21-day appeal period. The Board determined they could not legally accept that request. Mr. Bonvie wanted to confirm the relief requested. Mr. Wessel said that the relief is from the front and side setbacks. He said the original application had a larger garage;there were two hearings and the Board requested that the garage be downsized from 18 ft. to 14 ft. which brought the lot coverage under control. Therefore, no relief from lot coverage is required. Mr. Wessel said the relief requested is 5.2 ft. from the side yard, and 9.7 ft. from the front yard setback. Sharon read the Board of Health comments into the record. Sharon read the conditions issued by the Board under V-2016-38. Mr. Wessel commented that there is no study; it's a four bedroom house. Mr. Bonvie said that the Board of Health can confirm that prior to the application of a building permit. Mr. Wessel said that the driveway is existing. Kristen Ferguson approached the Board and explained that the original driveway hasn't changed. She said that there is a dirt section on the other side of the house. Mr. Bonvie noted that he could motion that the applicant reach out to the DPW and obtain in writing whether a curb cut is needed or not, and should be the same condition as the originally submitted Variance back in 2016. A resident approached the Board asking if the neighbor gave permission for this Variance. The Board said that they would be notified of this petition. Ms. Ferguson said she spoke to both her neighbors on each side of her house, and they do not have any issues. 4