08/14/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 14, 2013 MINUTES Attorney Brian Wall stated the Bylaw under Section 174-32 is a provision that allows the Board of Appeals to look at the adequacy of roads for the purpose of providing access for fire vehicles. He argued the project is "grand -fathered" from this provision because the lot was created in 1928 and the structure was built in 1935. He believes this project is exempt from subsequent Zoning enactments. Jonathan Furbush read the Conservation Commissions comment regarding the denial of a boathouse. "Unfortunately, the formal denial was not filed within the required 21 -day period and was approved by the Massachusetts Department of Environmental Protection". He also read the comment from the Mashpee Fire Chief stating "the project does not appear to be compliant with Zoning Bylaw 174-32. He advised the ZBA this private road be graded and finished with a product approved by the Town Engineer capable of supporting fire apparatus and the roadway be maintained at a 20 foot width." Ron Bonvie read the Building Inspector's comment stating "Several Bylaws should be addressed, Sections 174-33, 174-63 and 174-27.2 Article 14 also applies. The property is also within area of critical environmental concern. The property is in Flood Zone 5 and will need to meet building code requirements for that Zone." Ron Bonvie read the Board of Health Assistant Health Agent stating "not in Zone II, site • and design plans are under review a new Title V system with innovative alternative technology denit,unit to service a total of five bedrooms on the. property." Jonathan Furbush mentioned he would like the road surveyed to find the setbacks. He stated under Section 174-33, structures should be at least 50 feet from any water or wetlands, and the proposed new boathouse is 30 feet from the water. Brian stated the closest point of the dwelling from the top of the bank is 9 feet and the proposed addition is 10 or 11 feet. Jonathan wanted to know the actual fair market value of the house, not the property. He also wants to know the quote on the house renovation. If the value is more than 50% there is concern regarding flood elevations and the structure would need to be raised. There's also concern regarding the velocity zone. Jon also wants to know if dry wells will be installed. Ron Bonvie and Jim Reiffarth agree with the Fire Chiefs statement that adding another structure causes safety concerns. Attorney Brian Wall stated his clients would agree to add a fire suppression system throughout the addition and the current home. He requested a continuance until the next hearing so he can consult with his client and architects regarding grading the road. 0