02/22/2012 ZONING BOARD OF APPEALS Minutes

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f. MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2012 MINUTES • existing garage will only be used for storage. The gravel walkway will be replaced with pavers. Mr. Furbush questioned if the Petitioner received Conservation Commission approval for removal of all of the trees. Mr. Wittstein confirmed that the Conservation Commission approved the proposal (negative determination of the RDA — Request for Determination of Applicability) with no further conditions. Mr. Nelson asked what the Petitioner plans to do with all of the wood from removal of the trees. Mr. Wittstein said that he plans to install a fire pit. Mr. Nelson asked if the Fire Department would have a problem with a fire pit. Mr. Morgan said that the ZBA does not have jurisdiction over fire pits. Mr. Bonvie referenced M.G.L. Chapter 131 Section 40 and questioned if the figure for the Variance should be calculated from top of the inland bank, not from the BVW. Mr. Nelson read Section 174-33 of the Zoning By-laws: "Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty (50) feet from anywater or wetland as defined by MGL C. 131, §40". Mr. Morgan said that the Variance figure should be calculated from the deck to the wetlands. No comments were received from abutters. Mr. Blaisdell made a motion to grant a Variance of 11 feet from the deck to the edge of • the BVW. Variance findings: • Owing to circumstances relating to soil conditions, sloping topography and presence of water and wetlands on the subject property, a literal enforcement of the By-laws would involve hardship; • that the proposal will be an enhancement to the home; therefore, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-laws. This Decision is conditioned upon compliance with Engineering Works, Inc. plan: "Proposed Deck and Stairway, 55 Monahansett Road, Mashpee, MA. Prepared for: Robert Wittstein, 280 Webster Woods Lane, No. Andover, MA. Date: 1/23/12". Mr. Furbush seconded the motion. Mr. Dorsey voted yes. Mr. Blaisdell voted yes. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Vote was unanimous. Robin Mastandrea: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the lot size requirements and the frontage requirements for permission to divide an existing lot into two buildable lots on property located in an R-5 zoning district at 188 Pimlico Pond Road and 194 Pimlico Pond Road (Map 2 Parcel 192 and Map 2 Parcel 191) Mashpee, MA. (The 1998 Variance, V-98-117, has lapsed due to failure of owner to record document in a timely manner). • Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and John M. Dorsey. 3