08/14/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 14, 2013 MINUTES Jon Forbush made a motion to continue the Lingamfelter's request fora Written Finding under §174-17 until September 11, 2013. Bill Blaisdell, seconded the motion, yes. Votes: Ron Bonvie, yes, Jim Reiffarth, yes, Dom DeBarros, yes, and Richard Jodka, yes. All were in favor. Arthur Burdick: Requests a Written Finding under §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 second floor addition on property located in an R-3 Zoning District at 47 Quaker Run Road (Map 90 Parcel 43), Mashpee, MA. Connie Abare represented Arthur Burdick and is requesting a written finding of a proposed second floor on an existing one story building. The building is pre-existing non- conforming and aligns Brown Terrace.. One comer of the existing building is 8 feet to the edge of the road and 12.85 feet is on a slab. The road was originally constructed between 1940 and 1950 and had cottage size homes. Connie stated she got an abatement for Brown Terrace and Quaker Run Road because the two lots were combined as one and she is not expanding the footprint. • She stated the septic system was newly installed and accommodates the three-bedroom second floor addition. The second floor addition will be 24' x 32' which is 768 square feet. There was a minor clerical error regarding approval from the Board of Health but was clarified the next day. The size of the septic tank is 1,500 gallons and will accommodate the proposed three bedroom dwelling. Michael Borselli, of Falmouth Engineering and Civil Engineer in private practice and approached the Board for the applicant. He stated the applicant is correct stating the sanitary code for Title V requires you to design septic systems regardless of how many bedrooms. If you have a one, two or three bedroom home, it must have a minimum capacity tank and field for three bedrooms unless you receive relief from the Board of Health which requires a deed restriction. Ron Bonvie made a motion to issue a Written Finding under §174-17 of the Zoning Bylaws 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 second floor addition on property located in an R-3 Zoning District at 47 Quaker Run Road (Map 90 Parcel 43), Mashpee, MA, with the following conditions: -A memorandum from Board of Health issued to the Board of Appeals stating "not in Zone II -plans have been approved for a two bedroom dwelling" and the applicant's plan clearly depicts a three-bedroom dwelling. The approval is contingent upon a revised recommendation from the Board of Health approving the application for a three-bedroom dwelling. Also, the plans reference • 47 Quaker Run Road plot plan prepared for Arthur Burdick et al, stamped by Robert A. Junior. Being Lot 3 on Assessor Map 83 and Lot 43 on Assessor Map 90, Scale 1" = 30', dated January 15, 2013 from the office of Westgate Land Survey, 46 Summer St., 3