07/28/2021 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee 16 Great Neck load Arth "'ABLE lalashpee,Alassachuseas 02649 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 28, 2021 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, July 28, 2021, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Chairman,Jonathan D.Furbush,Board Members William A.Blaisdell,Ron Bonvie, Norman J. Gould, Associate Members, Sharon Sangeleer, and Charlie Reidy were present. Also present was David Morris, Building Commissioner, and Chris Gallaher, Town Engineer. Chairman Furbush opened the meeting at 6:00 pm and announced that the hearings were being televised live on Mashpee TV. He will take public comments after each hearing. NEW HEARINGS Sitting on this hearing were the four regular Board members and Charlie Reidy. 32 Jehu Pond Road: Owners, Barry W. and Sharon M. Fenton, Trustees request a Variance of the front yard setback under §174-31 of the Zoning Bylaws to allow for construction of a free standing garage on property located in an R-3 Zoning District, Map 121 Parcel 3, Mashpee, MA, Attorney Kevin Kirrane represented Mr. Fenton who was also present to discuss the Variance request relative to the construction of the garage project. He provide his written presentation, a site plan, and photographs of the property for the Board. The principal dwelling is situated next to Jehu Pond, and the proposed garage is 15.5 ft. off both side property lines. The lot is an unusual shape showing the front lot line along Jehu Pond Rd. and only a portion of the road is paved. The Board can find that the shape of the lot can be considered a hardship. In addition, there is a possibility of moving that garage further towards the house, but the septic system is located within the area between the house and the proposed garage which could also be considered a hardship. Attorney Kirrane explained the purpose and intent of a setback is generally intended to provide a safe means of egress and access from a public way, or a private way. There are sight line distances in both directions so one can exit the lot in a safe fashion. In this particular instance, there is no scenario and there is no road that is considered a traveled road. The lines to the north of the far end of Jehu Pond Rd. where the drive is situated is set off a stone drive, and is a considerable distance from any traffic. The purpose and intent of the bylaw is to provide that access and egress by granting relief for this particular situation, and does not derogate from the intent of the bylaw which is to allow for safe access and egress from a property, and in this case, the access and egress out to the driveway from this particular garage. 1