06/25/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JUNE 25, 2014 MINUTES Robert M. Valletta: 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 spiral staircase to access second story deck on property located in an R-3 Zoning District at 112 Captains Row (Map 96 Parcel 17), Mashpee, MA. Mr. Edward Shea, Shea Custom Carpentry, Inc. representing the applicant Mr. Robert Valetta. He is requesting to construct a second story master suite; a pre-existing structure and seeking access off the rear deck of the structure, half over the existing lot line and half not. Mr. Shea stated that he spoke with Drew McManus, in Conservation who does not have a problem with the project. The spiral staircase will add another means of access from that deck. He has a pre -approved patio from a previous variance request and an NOI that was also approved. Mr. Bonvie was concerned about the 50 feet of the wetlands and would need Conservation approval as well as Zoning Board approval. Mr. Furbush wants the shed removed and will condition that into the decision. Mr. Shea said he is not moving closer to the side line and the lot coverage will be less than the 16.3%. Mr. Furbush read the comment from Conservation into the record stating; "The only • property within wetlands jurisdiction is 112 Captains Row. If there is any ground disturbance involved with this project, it will require conservation review. Mr. Forbush read the comment from Board of Health stating; "Floor plan reviewed. Second floor room at top of interior stairs not considered. a bedroom because it is the only interior egress to the first floor — no privacy." Mr. Bonvie made a motion to issue 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 spiral staircase to access second story deck on property located in an R-3 Zoning District at 112 Captains Row (Map 96 Parcel 17), Mashpee, MA. This motion is contingent upon satisfaction by Conservation, and any amendment would require returning to the Zoning Board of Appeals. This would also require Board of Health approval. The shed will be removed completely and not be replaced. The Board finds that the proposal is not substantially more detrimental than the pre- existing, non -conforming structure and the new dwelling will be an improvement and conform to current building code requirements, is comparable in size and character to other structures in the neighborhood and has sufficient parking and setbacks as may be required. Also, referencing a plan provided by BSC Group, 349 Route 28, Unit D West Yarmouth, MA. Prepared for Shea Custom Carpentry, PO Box 503 South Dennis, MA, titled; Existing Conditions Plan with Proposed Stairs at 112 Captains Row, Mashpee, MA, Barnstable County dated February 26, 2014, drawing number is 6235-01. 3