01/08/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION OF SPECIAL PERMIT(S) (SP-83-3-008, SP-00-167, SP-02-59) Petitioner, Shoestring Bay Nominee Trust Owner, Timothy W. Leedham, Trustee of Shoestring Bay Nominee Trust 21 Frog Pond Close (Map 90 Parcel 83) Mashpee, MA 02649 SP-2020-06 (MODIFICATION) Charlie said the existing sheds were not permitted. The 240 sq. ft. building that is called a shed but it will be used for business purposes. He visited the site and they are existing and were put in place without the proper building permit,and the Zoning Verification Form for the smaller shed. If in fact that smaller shed is 120 sq. ft. or less. There's a shed that is 240 sq. ft. that is not going to be used as a shed, and did not receive a building permit. The smaller shed that is on the property line closer to the water which is 140 sq. ft. will also needs to meet zoning setback requirements. It's also closer than 50 ft. to the wetlands. The larger shed that does need a building permit, it's also closer than 50 ft. to the wetlands. There are building code issues, height hazard velocity zone issues, and what will be the intended use. Attorney Kirrane said that this is an existing condition, the shed was there but replaced with a 10 ft. x 14 ft. shed. It's closer than the 5 ft. than what is shown on the plan. The larger shed is also a pre-existing condition, and the new building/sheds are no closer to the wetlands than the existing ones that were removed and replaced. The Board had a discussion and have concerns with the sheds on,the site plan. Chairman Furbush does not want the building issues to be ignored. Mr. Goldstein commented that he doesn't think it's fair to the applicant to stop the site improvements because of building code issues. Attorney Kirrane said that everything that was done on the site was done after consultation with the Building Commissioner. It's unfortunate that the Building Commissioner isn't here to address the code issues. There was no intention to ignore the building code issues. The reason for this application is for the boat slips and additional parking. Conditions can be made by the Board on the decision indicating that by the approval of the additional number of slips, and the reconfiguration of the additional parking the Board will not approve any structure as is shown on the lot. The buildings situated on the plan conform to the requirements of zoning and additional permitting has to be obtained to the satisfaction of the building department. Charlie asked what the timeline was for demolishing the existing building. Tim said over the next 30 to 90 days. Charlie asked about the additional paving. Attorney Kirrane said that a revised plan can be submitted to provide the additional paving to provide access to the handicapped ramp. What's shown on the plan depicts only the four paved handicapped spaces. 3