06/25/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JUNE 25, 2014 MINUTES Mr. Bonvie asked if the lot was contiguous to her current residence at 30 Melissa Ave. It is not. She and her first husband purchased lots marked "A" and "Lot 2" on the plot plan after several years of renting in that area. Three years later, they purchased the "C" lot and sold lot "A". Mr. Forbush stated that he considers this a pre-existing, non -conforming lot. He mentioned that the trees and brush have taken over the street and is concerned of potential fire/emergency access. He asked Chief Rullo to comment. Chief Rullo stated he met with Planning Board and consulted with Charlie Rowley, Consulting Engineer who did not believe there was any issue. Chief Rullo stated he was concerned about water access at the far end of the roadway but determined it is well within 500 feet. Charlie Rowley mentioned that in order to build on that lot, the potential owner would have to remove the 2 foot grade and would be well within the width of the road. The only issue is the brush and trees encroaching on the street. Mr. Bonvie read a memo into the record from the Planning Board to the Building Department, dated June 10, 2014 summarizing their approval under the terms of the by- law Sections 174-3, 174-12, and 174-32 and any building erected as specified in M.G.L. Ch. 41, Section 81 L. • Mr. Furbush asked Chief Rullo if 20 feet of pavement for the roadway was required as mentioned in the previous decision at the time the variance was granted in August 2009. Chief Rullo said they do not use the ladder truck for that area. He said he would like to see the brush cleared from the roadway. The Board told Mrs. Marcelli she has a right to clear brush abutting the street and will approve the variances contingent upon cutting back the brush so not to encroach on the road. Mr. Bonvie made a motion to issue variances to Marilyn Marcelli under §174-31 of the Zoning By-laws (Land Space Requirements) in the amount of 3.79 feet on the westerly side.(frontage) and a 21,194 square foot land space variance under M.G.L. Chapter 40A §10 to deem lot buildable. Also, included in the motion is variance relief of 150 feet from fire access under Section 174-32 of the Zoning By-law on property located in an R-5 Zoning District at 29 Melissa Avenue (Map 21 Parcel 12), Mashpee, MA. Also, the applicant is required to remove brush and any debris in the straight layout which is approximately 16 feet, stated by the Fire Chief, and a memo from the Planning Board to the Building Department dated June 20, 2014. Also, referencing a plot plan titled; "Plan of Land in Mashpee, Mass", for: Peter Nelson et al, scale: 1" = 40', dated June 6, 1978, by Kingsbury Surveying Co., Inc. 10 Powderhorn Way, Sandwich, MA, signed by the Mashpee Planning Board Approval under the subdivision Control Law not required. Mr. Blaisdell seconded the motion, yes, Mr. Forbush, yes, Mr. Jodka, yes, and Mr. DeBarros, yes. All were in favor. 4