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01/08/2020 ZONING BOARD OF APPEALS Minutes
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01/08/2020 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
01/08/2020
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Petitioner, Barbara B. Nichols <br /> (Owner of record: Barbara B. Nichols and <br /> Robert C. Nichols, Trustees) <br /> 24 Melissa Avenue (Map 21 Parcel 1) <br /> Mashpee, MA 02649 <br /> SP-2020-01 <br /> The existing lot coverage is 2.19%, and the proposed lot coverage will be 2.17% because <br /> the shed will be removed. The proposed structure is not substantially more detrimental than <br /> what exists, and will not create a situation that is substantially more detrimental to the <br /> neighborhood. <br /> Attorney Kirrane received the Board of Health comments just prior to the meeting,and was, <br /> unable to respond. He asked the Board if they are inclined to grant the relief,that it can be <br /> conditioned upon receiving the appropriate approvals from the Board of Health. The <br /> accessor's records indicate that the cottage is a two bedroom structure, and the farmhouse <br /> has four bedrooms for a total of six. The information from the Board of Health is that it is <br /> not designed for six. His client is willing to upgrade the,septic system to accommodate the <br /> use. The proposed project received an Order of Conditions from the.Conservation <br /> Commission. <br /> SPECIAL PERMIT FINDINGS: <br /> Mr. Blaisdell asked the question if a Special Permit is necessary if the Board were to <br /> approve the application for the Written Finding under §174-17. Attorney Kirrane said that <br /> the new structure will conform to all criteria relative to setbacks, height, and lot coverage <br /> because it's a five(5)acre lot.Attorney Kirrane said that it's the use that is non-conforming <br /> and will not becoming any more non-conforming. The reason he applied for both a Written <br /> Finding and a Special Permit is to cover all the bases. <br /> The Board had a discussion relative to the Town taking Melissa Avenue which is a road <br /> and an easement. Jones Road was a taking. The Board determined there was no relevance <br /> with the proposed project. Attorney Kirrane said he is willing to provide the Board with <br /> the information if needed. <br /> Mr. Bonvie asked Charlie Maintanis if both applications were necessary. Charlie said; yes <br /> especially the request under Section 174-17.1 because of the non-conformity of the three <br /> dwellings on a single lot. The Board agreed that both applications do apply for this project. <br /> Mr. Goldstein wants to make sure that the Board of Health is satisfied. Attorney Kirrane <br /> said that the layout of the house would not change, and his client is willing to replace the <br /> septic system to accommodate the new dwelling. Charlie said that he would not send the <br /> project back to the ZBA if approved by the Board of Health. <br /> Sharon read the Board of Health and the Conservation Department comments into the <br /> record. There were no more comments from the Board or the audience. <br /> 2 <br />
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