05/14/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 14, 2014 MINUTES Mr. Bonvie made a motion to issue a Variance to ASD Realty Trust, Alfred S. DeFazio, Trustee: Request a Variance under Article V §174-31 (Land Space Requirements) of the Zoning By -Laws to vary the side yard setback from property line to allow for construction of a dock, pier, and float, on property located in an R-3 Zoning District at 204 Captains Row, (Map 90 Parcel 2), Mashpee, M.A. The issued Variance being 1.2 feet to the North, and 3.5 feet to the South. Making reference to the Harbormaster requirements. Referencing a plot plan prepared for owner of record; Alfred S. DeFazio, Trustee, ASD Realty Trust 35 Butts Street, Newton Upper Falls, MA 02164, by Cape & Island Engineering, 800 Falmouth Road Ste. 301 C, Mashpee, MA, Project: Proposed Dock Plan 204 Captains Row, Mashpee, MA. Sheet No: 1 of 2, dated: 12/2/2013, revision date, 2/10/14, and 2/27/14. Drawing Title: Proposed Pier, Ramp & Float Site Plan. Mr. Reiffarth seconded, yes, Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Jodka, yes. All were in favor. NEW HEARINGS Theodore Ell: Request 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 a first floor garage and • second floor bath on property located in an R-5 Zoning District at 14 Pem Lane (Map 89 Parcel 3G), Mashpee, MA. Mr._S.teven Cook, of Cotuit Baypesign represented the Petitioner for the proposed project._ Theodore Ell and Maureen Creedon, homeowners were present as well as the Builder; Bob Foley. The project consists of a one half -story garage with a bathroom above on a pre- existing, non -conforming house located at 14 Pem Lane. The existing home is non- conforming on the West side by 6 inches as shown on the plot plan. The property shows a cul-de-sac on paper which swings a radius. The -12 foot addition will have an 18 inch wall, a 9 foot door and an 18 inch wall. The outer comer wall brings the addition into the 40 foot radius setback off of Pem Lane. As depicted on the plan, Pem Lane does not have a cul- de-sac, it's on paper only. The road ends. The Written Finding request is the setback of 2.5 feet by 4.0 feet section. An RDA approval was received by Conservation because the property is within the 200 foot setback from the Mashpee River. The homeowners are requesting another structure for their vehicle. Architectural plans were also provided. The setback from the street will be 37.7 feet, therefore requesting a 2.3 foot relief. Mr. Bonvie read the Board of Health comments into the record; "Septic inspection required. Property is on denite and UV per original 1997 septic permit. Ultra -violet light is reported as not working. UV light to be repaired prior to issuance of building permit." Mr. Ell approached the Board and stated he has an annual inspection that is required by the Town, and was told that the UV light isn't working. He is waiting for his service inspector to return his call.