03/28/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MARCH 28, 2012 MINUTES • Christopher Costa &Associates, Inc. plan "Robert F. and Carol L. Rano 6 Forest Road, Mashpee, MA 02649, Date: 02/02/12, Revised 2/15/12" and as amended and initialed on March 28, 2012. • At the time of applying for a building permit, the Petitioner shall submit a plan stamped by a structural engineer showing the cantilever. • Board of Health memo: "In Zone II. The proposed addition requires a 6 -foot wide cased opening into the room." Mr. Furbush seconded the motion. Votes: Mr. Blaisdell: yes. Mr. Reiffarth: yes. Mr. Bonvie: yes. Mr. Nelson: yes. Mr. Furbush: yes. Vote was unanimous. Matt DeSutter and Donna Paglia: Request a Written Finding under Section 174-17 and a Special Permit under Section 174-20 of the Zoning By-laws and as defined under M.G.L. Chapter 40A Section 6 to demolish a pre-existing, non -conforming structure and construct a new single-family dwelling on property located in an R-3 zoning district at 26 Waterway (Map 105 Parcel 205) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Member John M. Dorsey. Matt DeSutter and Donna Paglia: Request a Variance from Sections 174-31, 174-33 is and 174-64 of the Zoning By-laws to vary the front setback requirements, side setback requirements and the setback requirements to water and wetlands to construct a new single-family dwelling and pool within a flood plain on property located in an R-3 zoning district at 26 Waterway (Map 105 Parcel 205) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Member John M. Dorsey. Attorney Kevin M. Kirrane represented the Petitions and stated that the subject property and the existing structure are non -conforming. The odd -shaped parcel slopes significantly. The presence of wetlands and sloping topography restrict location of the proposal. Demolition of the 40+ year-old home and replacement with a new dwelling will be an improvement to the property and to the neighborhood. The new structure will conform to current building code. Other improvements include eliminating the basement bedrooms and living space that are currently below the flood plain. Two parking spaces will be provided. Attorney Kirrane said that the proposed pool will be located 3.6 feet from the side setback that abuts a 15 -foot reserved open space strip and an unbuildable lot. This will not create a privacy issue and will not adversely impact an abutter. The proposal will be further away from the wetlands. The Board of Health has approved the proposal, which is restricted to four bedrooms. The Conservation Commission approved the proposal and issued an Order of Conditions • on February 24, 2012. The Petitioner will need the New Seabury Homeowners' Architectural Review Committee approval. 3