11/13/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS NOVEMBER 13, 2013 . MINUTES Mr. Kirrane stated the applicant will have to apply with the Conservation Department. He stated an executive decision needs to be made by the Town relative to how application requests are filed. The Board agreed there should be department approvals prior to filing petitions with the Zoning Board of Appeals unless there's extenuating circumstances. The Board would like clarification for future applications. The Board will continue the hearing pending a filing with the Conservation Department and/or a letter from Conservation stating there is no problem. Ron Bonvie made a motion to approve the request for extension until December 11, 2013 for Richard J. and Janet M. Cleary request a Written Finding under Article V § 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 raze and replace a dwelling on _preperty-locate•; inanR-3. Zoning District at. 16 Spoondrift Way, (Map 11.1. Parcel 12; Extension 0-R), Mashpee, MA. Mr. Furbush, second, yes, Votes: Mr. Bonvie, yes, Mr. Reiffarth, yes, Mr. Jodka, yes, Mr. DeBarros, yes. All were in favor. Ron Bonvie made a motion to approve the request for extension of a Written Finding under • Article V § 174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non -conforming structures to raze and replace a dwelling on property located in an R-3 Zoning District at 16 Spoondrift Way, (Map 111 Parcel 121 Extension 0-R), Mashpee, MA. Mr. Furbush, second, yes, Votes: Mr. Bonnie, yes, Mr. Reiffarth, yes, Mr. Jodka, yes, Mr. DeBarros, yes. All were in favor. Edward H. & Karen E. Yeomans: Request a Variance from Article V §174-31 of the Zoning By-laws to vary the front, rear and side setbacks to allow for construction of a 263 square foot deck and outdoor kitchen with raised seating area and trellis on property located in an R-5 Zoning District at 23 Birch Way, (Map 27 Parcel 88), Mashpee, MA. Tom Bunker, from BSS Design representing the applicant stated he filed with Conservation Department. The proposal is a request for a patio at ground level and conforms to the 50 foot setbacks requirements to the wetlands. The request is 3 feet from the property line and it should be 25 feet, requesting a 22 foot variance. He stated there was a misunderstanding and is requesting a continuance. Ron Bonvie made a motion to accept an extension until the December 11, 2013 hearings on their request for a Variance from Article V § 174-31 of the Zoning By-laws to vary the front, rear and side setbacks to allow for construction of a.263 square foot deck and outdoor kitchen with raised seating area and trellis on property located in an R-5 Zoning District at 23 Birch Way, (Map 27 Parcel 88), Mashpee, MA.