02/22/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2012 . MINUTES Mr. Bonvie said that the proposed metal container and its location should be shown on the plan. To Mr. Reiffarth's questions, Attorney Ford confirmed that the owner of the property is liable for the property and all activity on the property. Mr. Nelson questioned if removal of the store/service bays causes the pre-existing, non- conforming status to cease. Attorney Ford said that the Board has already issued a Decision and the Petitioner is trying to abide by the conditions of the Decision. Mr. Morgan asked Attorney Ford to provide a statement of the exact amount of items for retail sale. The statement shall include the following: • total square footage being used for cigarettes and candy. • that the soda machine will be placed on the vending pad. • list of products that will be stored in the metal container. • retail items for sale will not be stored on the subject property for reserve/back up. The Board agreed. Attorney Ford confirmed that he would provide the statement and the engineer would submit a revised plan depicting the metal container and its "location on the subject property. NEW HEARINGS • Robert H. and Maura B. Wittstein: 'Request a Variance from Section 174-33 of the Zoning By-laws to vary the setback to water and wetlands to allow for addition of a deck to an existing dwelling on property located in an R-3 zoning district at 55 Monahansett Road (Map 123 Parcel 100) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and John M. Dorsey. Mr. Wittstein represented his Petition and stated that the proposal calls for addition of a 12'x12' deck to his home. The close proximity of wetlands creates a hardship for the Petitioner to meet the setback requirements to water and wetlands. The deck will be approximately 39 feet from the Bordering Vegetated Wetlands (BVW) and the stairs will be approximately 35 feet from the BVW. The proposal conforms to the side setback, front setback, and lot coverage requirements. Mr. Wittstein explained that the single - story home declines significantly from front to back, creating two stories in the rear of the property. Current access to the back of the property is through an unfinished basement. Mr. Wittstein said that addition of the deck would allow his family access and use of the back of the property. The deck would create a pleasing flow from the sunroom into the back yard. Mr. Wittstein said that the proposal will not derogate from the intent of the By-laws nor be a detriment to the neighborhood because it would be an attractive improvement to the existing dwelling. The result will be aesthetically pleasing and will • fit in nicely with the style of other abutting homes in the neighborhood. He said that the 2