12/10/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 10, 2014 MINUTES • The plot plan depicted a proposed dwelling. The Board stated that Conservation approval is required because of the location and would require the applicant to return to the ZBA for final approval. Mr. Mendoza addressed the Board and stated the only relief the applicant is requesting is frontage and lot size. The applicant would be required to return to the Zoning Board of Appeals. Chad Hoffman, an abutter that resides at 19 Fells Pond Circle wanted to know the owner's intent of the lot. Mr. Gildea stated that Mr. Waldstein would like to build a house if approved. Mr. Waldstein addressed the Board and stated he wanted to determine if the Board will allow him to build a house or if not allowed to build, he would request to have the lot reassessed as not buildable. Mr. Bonvie stated that the house depicted, on the plan would require relief from the Zoning Board of Appeals. The distance from the wetlands is 37.1 feet and a distance of 12.6 feet from a coastal bank. Please understand that if the Board makes a motion to move forward and approve, the applicant cannot receive any relief and cannot build. He stated he will not approve of any future application for relief. • Mr. Gildea stated that Down Cape Engineering reviewed the matter and put the proposed dwelling on the plan for informational purposes, and indicated that they can meet the requirements from the Conservation Commission. Mr. Bonvie made a motion to issue a variance under §174-31 of the Zoning By-laws to vary the lot size requirements on property located in an R-3 Zoning District at 36 Fells Circle, (Map 122 Parcel 219), Mashpee, MA. (Shirley Bernstein Katz as Trustee of SBK Realty Trust). In making this motion, the variance lot size is 27,431 square feet, and 3.37 feet of frontage, and approval of the dimensional requirements only, and not depicting any improvements to the house, leach fields, setbacks wetlands, by erasing the house and leach field from the plan that was presented to this Board. Referencing a site plan titled; 36 Fells Circle, Mashpee, MA, prepared for Steve Waldstein, by Down Cape Engineering, Inc., dated February 7, 2014, November 13, 2014 (updated flood zoned), Scale: 1" = 20', stamped by Daniel A. Ojala, Professional Engineer, on 11/13/2014. Also referencing Board of Health comments dated December 10, 2014, "36 Fells Circle — Vacant parcel. No perks or engineering yet. Property is in Zone II so 12,569 SF area get one bedroom with conventional Title V system. There is not enough land area for a denite system to give enough credit for a second bedroom." Also stating the Board has notified the applicant of the concerns and inability to fit any residence of any size on this lot and meet any requirements under zoning. • Mr. Blaisdell, seconded, yes, Mr. Bonvie, yes, Mr. Goldstein, yes, Mr. DeBarros, yes. Mr. Furbush, no. Vote: 4-1.