01/08/2014 ZONING BOARD OF APPEALS Minutes (2)

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS JANUARY 8, 2014 MINUTES • The project is scheduled with Conservation for Thursday evening January 9, 2013. However, since Mr. Kirrane presented the project back in November, he did obtain a memorandum indicating that Mr. McManus met with the engineer onsite and reviewed the proposal and in his opinion, didn't perceive any problems because the project met the appropriate performance standards as established by the Wetlands Protection Act and by the local wetland bylaw. Mr. Furbush read the Board of Health comments dated November 13, 2013 from Glen Harrington; "The Board of Health has received a certified plot plan on the above referenced property at 16 Spoondrift Way. The plan depicts a proposed leaching facility to replace the existing leaching facility that failed due to not enough depth to groundwater. The replacement leaching facility shall be a straight forward conventional design without a denitrification system or UV light due to compliant setbacks to the wetland resources. A plan depicting elevations and a complete Title V design shall be submitted for final BOH approval." Mr. Furbush read the Conservation comments dated December 6, 2013; "In regard to the proposed project at 16 Spoondrift Way. I have met with the engineer on site and we went over what is being proposed. The engineer also presented a preliminary plan of proposed activities, including mitigation for slight encroachments closer to the wetland edge (still outside the 50' buffer). This project, as presented in preliminary review also appears to • meet all applicable perfonmance standards for areas within the buffer zone to coastal bank and salt marsh as well as Land Subject to Coastal Storm Flow. I do not anticipate any issues with this proposal when it comes before the Conservation Commission at our January 9t' hearing." Mr. Blaisdell made a motion to approve Richard J. and Janet M. Cleary request for a Written Finding under Article V § 174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre-existing, non -conforming structure to raze and replace a dwelling on property located in an R-3 Zoning District at 16 Spoondrift Way, (Map 111 Parcel 121 Extension 0-R), Mashpee, MA. Mr. Kirrane stated there is setback relief required but is already listed under the special permit. The building as it exists now currently crosses the property line and is being moved 3.1 feet off the property line. There is an approved encroachment scenario which created and actual side setback. The structure will be more than 31 feet from Spoondrift Way and actually improving. Richard J. and Janet M. Cleary request a Written Finding under Article V §174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non -conforming structures to raze and replace a dwelling on property located in an R-3 Zoning District at 16 Spoondrift Way, ( Map 111 Parcel 121 Extension 0-R), Mashpee, MA. 3