10/09/2013 ZONING BOARD OF APPEALS Minutes

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• • 0 MASHPEE ZONING BOARD OF APPEALS OCTOBER 9, 2013 MINUTES Mr. Kirrane stated generally that variances are difficult to obtain and there is certain criteria the Board must consider. The first relates to soil conditions, shape or typography of the land or structures which especially effect this particular lot and not generally affecting the Zoning District that this lot or parcel is located. In addition, the applicant should be able to demonstrate the existence of a hard -ship and finally the relief be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the by-law. Mr. Kirrane stated the lot itself is in excess of 3 acres and the proposed dwelling to be located on the lot would conform in all other respects to Zoning requirements and obviously there would be a need for the applicant to submit plans to Conservation and Board of Health when the time arises to propose a single-family dwelling on the lot. He also mentioned the submitted plan shows the approximate location of the dwelling and where it would be situated. Mr. Furbush mentioned the plan shows the setback of the wetlands depicts 100 feet on the left side and does not show the distance between the proposed house -and wetlands. The required setback is 150 feet. The setback from the house and wetlands is 50 feet. Jonathan also stated the plan shows the flood zone as Al l which means the first floor of the dwelling needs to be above the water 11 feet. Mr. Furbush stated there are specific questions to be addressed such as emergency access and disturbance of the wetlands. Mr. Kirrane stated that these questions would be brought before the Conservation Commission who would grant any construction. The access would be by boat and a dock would be built on the Northeasterly side of the Island would not impact the aquaculture grant that exists around most of the Island. A dock permit request would be submitted for the Northeast side of the Island. Mr. Kirrane stated that Conservation and Board of Health have not been notified and would only be if the Zoning Board grants Variance relief and determines the lot is buildable. Mr. Furbush stated in the past the Zoning Board has granted some relief before hearing from other Boards or Committees and caused issues. He stated that he would not entertain any motion until he received some definitive answers from the other Boards. Thomas Rullo, the acting Fire Chief approached the Board and stated he was present any questions. Mr. Furbush is very concerned about emergency access. He wanted to know the time -line the State allows the Fire Chief to arrive at a particular house and if there's a guideline.