07/28/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES July 28, 2021 6. There will be no sleeping quarters in the garage, no bathroom, no kitchen, and no heat. Mr. Gould seconded, yes, Mr. Reidy, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, Mr. Furbush, yes. All were in favor of the garage project. 10 Rock Island Road: Owners, Gerard and Linda Flaherty request a modification to an existing Special Permit(SP-2021-10)to allow for construction of landscape retaining walls on property located in an R-3 Zoning District, Map 123 Parcel 23, Mashpee, MA. Attorney Kevin Kirrane represented the applicants in the raze and replace project that the Board approved earlier in the year. As they were going through the construction process it was determined that the landscape/retaining walls shown in the photographs provided to the Board have been faced with stone. The wall was shown on the architectural plans, but they were not shown on the site plan. The Building Inspector thought that the Board should have a plan which denotes the location of those retaining walls, so the Board has a plan that is accurate to what actually has been constructed. Generally, retaining walls are not located on site plans because they are considered a landscape feature, but in this case for purposes of stability, the wall was tied back into the foundation and is on the revised plan. Nothing is being done to the dwelling. Chairman Furbush reviewed the plan that was approved back in February, and confirmed there was no retaining walls depicted on that site plan. Dave Morris said that he noticed the retaining wall at the time of the foundation inspection. This wall was not proposed or permitted. The wall is over 8 ft. tall. He read the building code information into the record because there's a permit issue. "Retaining walls that are not over 4 ft. in height are measured from the bottom of the footing to the top of the wall unless supported by a surcharge."He believes that these walls are raised platforms that are intended to be used for trash receptacles. He suggested to the Board that these walls be removed because they are encroaching on the abutting lots. Attorney Kirrane said that no one is suggesting that it did not require a building permit, the only thing being suggested is that landscape features and retaining walls do not involve zoning. He believes it is not part of the foundation. The lot is significantly sloped in the rear. He was not sure if the wall areas would have poured concrete. Attorney Kirrane said that the existing lot coverage was 25.45%, and was already over 25%. 3