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01/22/2014 ZONING BOARD OF APPEALS Minutes
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01/22/2014 ZONING BOARD OF APPEALS Minutes
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N <br />MASHPEE ZONING BOARD OF APPEALS <br />JANUARY 22, 2014 <br />• MINUTES <br />Also issuing this finding this project is not substantially more detrimental than the existing, <br />non -conforming structure. The new dwelling will be an improvement and conform to <br />current building code requirements and is compatible in size and character to other <br />structures in the neighborhood and has sufficient parking setbacks as may be required. <br />Mr. Bonvie, yes, Mr. Blaisdell, second, yes, Mr. Jodka, yes, Mr. DeBarros, yes. <br />Michael G. Gilmartin: Request a Written Finding under Article V §174-17 of the Zoning <br />By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a <br />pre-existing, non -conforming structure to allow for construction of a new single family <br />dwelling on property located in an R-3 Zoning District at 5 Cross Street, (Map 123 Parcel <br />47), Mashpee, MA. <br />Bert De Martin, Builder approached the Board representing the petitioners of the raze and <br />replace project. He stated the engineer could not attend due to the weather conditions. Mr. <br />De Martin said the proposed project is not in the Popponesset Overlay and he met at the <br />property with Glen Harrington, Health Agent. <br />Mr. Bonvie read the Board of Health comments; "Housing inspection documented (3) three <br />legal bedrooms draft septic plan reviewed. Architectural plans need revising to depict three <br />bedrooms with no other rooms that can be considered bedrooms." <br />. Also an email from Glen Harrington, "Message sent to architect, Builder and engineer 15 <br />January 2014. On January 14, 2013, Veronica Warden, Assistant Health Agent and I <br />inspected the dwelling at 5 Cross Street for the purposes of determining legal bedrooms. <br />The bedroom on the main floor was not in question but the two upstairs bedrooms were <br />measured for the required habitable space. Both of the upstairs bedrooms had the required <br />70 square foot minimum of floor area to be considered bedrooms. The dwelling is <br />considered to be a three bedroom dwelling. Please design the architectural plans and Title <br />V design plan accordingly. Thanks, Glen Harrington, Health Agent, Mashpee Board of <br />Health." <br />Mr. Bonvie made a motion to issue a Written Finding to Michael J. Gilmartin under Article <br />V §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, <br />extension or alteration of a pre-existing, non -conforming structure to allow for construction <br />of a new single family dwelling on property located in an R-3 Zoning District at 5 Cross <br />Street, (Map 123 Parcel 47), Mashpee, MA. <br />Issuing this finding is contingent upon the following conditions; <br />1- The Building Inspector, to confirm the third floor calculations meet with building <br />code requirements and allow a third floor to be built. <br />2- The applicant must present to the Building Inspector a certified plot plan signed by <br />• a registered land surveyor confirming the fact that Cross Street exists minimally to <br />the location of the proposed gravel driveway on this lot. <br />7 <br />
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