11/18/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS NOVEMBER 18, 2015 • MEETING MINUTES Mr. Jodka read the Inspection Department comments into the record; "The area is zoned R5 and is in the Pre -contact Archaeology Sensitivity area— listed as "High Sensitivity". Seeking a Written Finding under Article V §174-17 regarding a determination from the Board if the construction of a new deck would increase the non -conforming nature of the home." Mr. Blaisdell made a motion to approve the project with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. The area is zoned R5 and is in the Pre -contact Archaeology Sensitivity area — listed as "High Sensitivity". 3. A Building Plot Plan; showing proposed decks, prepared exclusively for the purpose of obtaining a building permit, not for any other use. Location: 18 East Road, Mashpee, MA. Scale: 1"= 20', Date: September 11, 2015, Reference: Assess Map 1 Parcel 17, Prepared for Alan Hatt. Prepared by: Down Cape Engineering, Inc. Civil Engineers, Land Surveyors, 939 Main St., Yarmouthport, MA. Date: 9/11/2015, signed by Daniel A. Ojala, No. 40980, Professional Land Surveyor. Registered Land Surveyor. • Mr. Jodka seconded, yes, Mr. Goldstein, yes, Mr. Furbush, yes, and Mr. DeBarros, yes. All were in favor of the deck and stairs project and determined it would not be more detrimental than what currently exists. 156 Waterway: Owner, Jason Stone requests a Variance under §174-31 of the Zoning Bylaws for relief from the front setback to allow for construction of a 10 x 12 shed on property located in an R-3 Zoning District, (Map 105 Parcel 238), Mashpee, MA. Mr. Scott Goldstein stepped down from this hearing. Associate Member, Mr. Gould was sitting in on this hearing. Mr. Kevin Kirrane, Attorney represented the homeowner for the shed project. Also present Jason Stone, homeowner. Mr. Kirrane said that Mr. Stone received some inaccurate information when he purchased the shed. He was led to believe that the 120 sq. ft. shed didn't have setback issues. However, under the bylaw the setbacks for a shed is five feet from the rear and side yard, and 40 feet from the front yard. As a result, Mr. Stone bought the shed and located it on his property and discovered that he needed relief from the Board as it relates to the location. The shed is only approximately 9.8 ft. from the front yard lot line. The front lot line is 10 feet from the paved surface. Mr. Stone wants to store a small watercraft and prefers to have the shed in the front because the property has a significant drop from the street and toward the water. He considers this a hardship as it relates to the topography of the lot. Mr. Furbush said he would not have a problem if the shed be relocated up against the neighbor's shed. He also suggested storing the watercraft at an off-site location. R