12/11/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 11, 2013 MINUTES Mr. Blaisdell made a motion to approve Kevin and Christine Granfield: Request a Written Finding under §174-20 of the Zoning By-laws and M.G.L. Chapter 40A §6 By-laws concerning rebuilding of destroyed or damaged non -conforming structures to allow for rebuilding of a garage on property located in an R3 Zoning District at 40 Bayview Road (Map 119 Parcel 48), Mashpee, MA. This approval is based on a site plan prepared for Steve Cook of 40 Bayview Road, Mashpee, MA. J.E. Landers-Cauley, P.E. Civil Environmental Engineering, PO Box 364, West Falmouth, MA 02574, ASS.#119-48, dated 09/23/13, Scale: 1" = 10', Drawn by: JDR, Job No. 235, Sheet: 1 of 1, Rev. 10/23/13, and Rev. 10/09/13. Mr. Furbush, second, Mr. DeBarros, yes, and Mr. Goldstein, 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. (Continued from November 13, 2013 Hearings). Mr. Tom Bunker, of BSS Design representing the Petitioners submitted the revised plans removing the pergola of the proposed outdoor kitchen and raised seating and therefore requesting a withdrawal of the Variance. The revised plans depict a 6' wide deck expansion with a 2' cantilever with concrete footing of the pre-existing deck, and is 57 feet from the edge of the pond. The Board wanted to confirm the height of the fireplace and the fence not to exceed 6 feet. Mr. Furbush read an emailed from Conservation, dated 11/18/2013; The Commission approved the project proposals at 23 Birch Way. Mr. Blaisdell read a letter addressed to the ZBA, dated December 11, 2013, from Thomas Bunker, BSS Design; "On October 8, 2013, we filed a Petition for a Variance for 23 Birch Way to allow for the building of a pergola on the South side of the house as close as 3 feet from the property line, and to enlarge the existing deck. The hearing was opened on November 13, 2013, but was continued to December 11, 2013 to allow time to revise the plans. We removed the pergola from the plan which was then submitted to the Zoning Board of Appeals on December 3, 2013. The proposed deck is still closer to the lot line than allowed under current zoning, but no closer than the existing deck. We feel this could be permitted with a Letter of Finding rather than a Variance, and would like to discuss amending our petition." E