12/09/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 9, 2020 Mr. Gould second, yes, Mr. Blaisdell, yes, Mr. Bonvie, yes, Mr. Goldstein, yes, Mr. Furbush, yes. All were in favor of the Written Finding application. 31 Birch Way: Owners, Gary J. and Denise M. Nagle request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction and expansion of an existing deck, and second story balcony on property located in an R-5 Zoning District, Map 27 Parcel 86, Mashpee, MA. Mr. Steve Cook, Cotuit Bay Design represented the homeowners for their deck reconstruction project. The site plan shows a dashed line towards the North of the existing patio and where the deck will extend 18 ft. The corner of the deck is 11.4 ft. to the property line, and the new deck will be 11.9 ft. which is not getting any closer to the northerly property line than what exists. The deck will be extending over the existing patio, and the steps will be removed. The plan also shows the deck and wooden walkway toward the inland bank of Mashpee Pond. The existing balcony on the northerly side will be extended 10.4 ft. and is not getting any closer to the property line. This project is in the process of being scheduled with the Conservation Commission. Mr. Cook said he spoke to Charlie, Building Inspector regarding the project, and told him the distance of the new deck to the edge of the water is 55 ft. The plan shows a very steep topography, with the elevation of the house at 85.3 ft. The top of the inland bank is elevation 80 ft., and the deck is approximately 4.5 ft. higher. The distance is currently 55 ft. from any wetlands, and will be extending approximately 17 ft. on the existing patio which consists of pavers. Sharon read the Conservation comments into the record which will require a permit filing with the Conservation Commission. Mr. Furbush polled the Board asking their comments. Mr. Gould will not approve the Conservation prevue. Mr. Blaisdell will move forward with a condition upon Conservation approval, and a building permit will not be issued without Conservation approval. Sharon abstained. Jim Reiffarth agrees that Conservation should approve it first. Scott Goldstein agrees to move forward, and if , and a change is made the project would need to go back to the ZBA. But if the Board approves it conditioned upon as the plan as drawn, he does not have an issue. Mr. Bonvie mentioned the current pandemic situation, and said that a motion could be made subject to Conservation approval, that any changes to the plan would require the applicant to go back to the Board for approval. Mr. Gould is willing to compromise. 10