08/26/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 26, 2015 MEETING MINUTES Mr. Forbush read the Board of Health comments into the record; "Septic inspection performed on July 7, 2015. Floor plans not reviewed but as long as is for an open kitchen, no further comments." Mr. Furbush read the Conservation comments into the record; there are no issues. Mr. Blaisdell, made a motion to approve the Written Finding for the applicants. Site Plan prepared for David Paparella of 67 Popponesset Island Road, Mashpee, MA. J.E. Landers- Cauley, PE, Civil Environmental Engineering, PO Box 364 West Falmouth, MA 02574, ASS.#106-9, Date: 12/02/14, Scale: 1" = 10', Drawn by: JDR, Job No.: 2469, Sheet 1 of 1, Rev: 01/20/15, Rev: 07/20/15. The Board determined the applicant has met all conditions as stated under Mass General Law 40A Section 6. Mr. Jodka, seconded, yes, Mr. Furbush, yes, and Mr. DeBarros, yes. All were in favor that the kitchen addition is not more non -conforming than what currently exists. 26 Cross Tree War: Owners, John A. and Janet L. Hayden request a Written Finding under § 174-17 of the Zoning Bylaws to allow for construction of 10' x 16' addition and a 17' x 19' sunroom on property located in an R-3 Zoning District, (Map 112 Parcel 24), Mashpee, MA. • 26 Cross Tree Way: Owners, John A. and Janet L. Hayden request a Variance under §174-33 of the Zoning Bylaws proximity from water and wetlands to allow for construction of 10' x 16' addition and a 17' x 19' sunroom on property located in an R-3 Zoning District, (Map 112 Parcel 24), Mashpee, MA. . Mr. Steve Cook, of Cotuit Bay Design representing the homeowners. The Hayden's are looking to expand their house with a 10' x 16' addition on the northerly side of the property where an existing deck structure is located and brings the 38' within the inside face of the existing bulkhead. They are also proposing to construct a 17' x 19' sunroom on the southerly side of the property, which is noted on the plan as 46 feet from the interior of the bulkhead, but is actually 51 feet to the outer edge of the bulk head or stone retaining wall. He received approval from the Conservation Commission and the ARC. The deck doesn't expand any closer to the bulkhead or the side property lines as currently exists. The design meets all side and rear setbacks and the lot coverage stays at 19.7%. Mr. Bonvie wanted clarification regarding tearing down the existing structure and building a new structure. Mr. Mendoza stated under the bylaws, he does not have the authority to approve these non -conforming building applications. Mr. Furbush read the Inspection Department comments into the record; the area is zoned R3 and part of the property is in the Pre -contact Archaeology Sensitivity area — listed as "Moderate Sensitivity". Most of the property is in the AE Flood Zone (which the house • resides in) but a portion of it is also in the VE Flood Zone. Seeking a Written Finding under Article V §174-17 regarding a determination from the Board if the addition and sunroom would increase the non -conforming nature of the home.