02/12/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY 12, 2014 • MINUTES Mr. Blaisdell read an email dated February 10, 2014 submitted by Andrew McManus, Conservation Agent: "The project at 47 & 51 Redwood Circle was approved by the Conservation Commission. The project met the performance standards for riverfront and bordering vegetated wetlands. All proposed work is taking place in previously disturbed (developed) areas of the property, with the exception of the removal of some hazardous trees behind the existing shed." Mr. Reiffarth made a motion to approve Michael E. and Alycia Markowski's 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 allow for construction of an existing deck and garage addition on property located in an R-5 Zoning District at 47 Redwood Circle and 51 Redwood Circle, (Map 27 Parcel 98 & 99), Mashpee, MA. This motion is based on a plan prepared by Racken Engineering, Inc., 49 Herring Pond Road, Buzzards Bay, MA, Proposed Site Plan in Mashpee, MA prepared for: Michael E. Markowski and Alycia Markowski, 47 & 51 Redwood Circle, Parcel ID: 27 99 0 (#47), Parcel ID: 27 98 0 (#51), dated November 5,. 2013, Job No. 410-40, Drawn by: JRL/DLH, Checked by: AMG, Scale: as noted. This motion is. also contingent upon approval by Board of Health as indicated by Glen Harrington, Health Agent. • Mr. Blaisdell, seconded, yes, Mr. Jodka, yes, Mr. Goldstein, yes, Mr. DeBarros, yes. All were in favor. Michael E. and Alycia Markowski request a Variance under Article XII §174-72 of the Zoning -By-laws to vary the front, rear and side setbacks of an existing deck and garage within the zoning requirements of the Mashpee River on property located in an R-5 Zoning District at 47 Redwood Circle and 51 Redwood Circle, (Map 27 Parcel 98 & 99), Mashpee, MA. Mr. Kirrane stated the reason he applied for the Variance is due to the provision in the zoning bylaw regarding the Mashpee and Quashnet River districts that you can repair, remodel and renovate but cannot enlarge an existing structure. He stated the project area will be increasing by 265 square feet to the existing stricture. The deck will be removed to reduce the increase in the footprint to less than 100 square feet. He stated there is a significant hardship due to the typography layout but will have a positive impact for the resource area. The Board determined the Variance is not required since approving the Written Finding and suggested Mr. Kirrane withdraw the Variance because the proposed minor renovations are well under the 20% lot coverage. Mr. Blaisdell made a motion to withdraw Michael E. and Alycia Markowski's request for a Variance under Article XII §174-72 of the Zoning By-laws to vary the front, rear and • side setbacks of an existing deck and garage within the zoning requirements of the Mashpee River on property located in an R-5 Zoning District at 47 Redwood Circle and 51 Redwood Circle, (Map 27 Parcel 98 & 99), Mashpee, MA. 3