10/09/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS OCTOBER 9, 2013 'MINUTES Yelena & Lazar Kovfman: Request a Variance under Article V §174-31 (Land Space Requirements) of the Zoning By -Laws to vary the rear and side setback requirements to allow for construction of a deck on property located in an R-5 Zoning District at 79 Pond Circle (Map 64 Parcel 80), Mashpee, MA. Yelena Koyfinan presented her proposal stating her current deck is very narrow and dangerous for her family and would like to rebuild it slightly larger. She stated she met with Conservation. Mr. Furbush stated that the dwelling is located in a "cluster" and does not require any setbacks however, the setback from water is required. He read the Conservation Commission comment: "RDA Application approved by Conservation Commission on 9/12/13- no impacts". Mr. Furbush stated the setback is 50 feet and the plot plan depicted 48.2 feet, so an allowance of 1.8 feet is required. Mr. Blaisdell made a motion to approve Yelena & Lazar KoyfMan request for a Variance under Article V § 174-31 (Land Space Requirements) of the Zoning By -Laws to vary the rear and side setback requirements to allow for construction of a deck on property located in an R-5 Zoning District at 79 Pond Circle (Map 64 Parcel 80), Mashpee, MA. The setback • needed is 1.8 variance from the from the wetlands and contingent on a plot plan by Yankee Land Survey Co., Inc., 119 Route 149 Marstons Mills, MA, dated August 21, 2013. Mr. Richard Jodka, second, yes, Votes: Mr. Blaisdell, yes, Mr. Furbush, yes, Mr. Reiffarth, yes, Mr. DeBarros, yes. All were in favor. NSTAR Electric -Informal discussion regarding the Substation Project at 21 Orchard Road. Ericka Haffer representing NSTAR Electric regarding their proposal to modify the existing substation located at 21 Orchard Road. NSTAR is currently meeting with DPU for the modification and expansion for zoning exemption under G.L. Chapter 40A Section 3 to allow public utilities such as NSTAR to receive zoning exemptions. This site was previously subject to zoning exemption when the substation was originally developed and granted in 1971. DPU and NSTAR like to meet with relevant local agencies to discuss their proposed project and discuss any concerns the Town may have with regard to the project. NSTAR has met with the joint planning advisory committee twice and incorporated some of their proposed suggestions into the design of the project and met with the Board of Selectmen on September 23, 2013 to request the Board's support for NSTAR seeking . exemption at the State level, and the Board voted to support NSTAR's request and support at the State level pending consultation discussion with the ZBA.