06/13/2012 ZONING BOARD OF APPEALS Minutes

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n MASHPEE ZONING BOARD OF APPEALS JUNE 13, 2012 • MINUTES Petitioner an opportunity to submit a new certified plot plan showing proposed driveway and parking. Proposal requires Conservation Commission approval. Landscaping violation must be resolved in compliance with Conservation Commission enforcement orders. At Petitioner's request, hearing continued to June 13, 2012. After reading the Petition into the record and opening the hearing, Mr. Furbush gave the Petitioner the'option of continuing the hearing until a five -member Board is present. Mr. Koretz said that this Petition is very important to him and prefers to have a 5 -member Board present. He questioned if the Board would allow him to discuss his Petition informally tonight. Mr. Furbush said that the Petition would not be opened, but the Board could entertain an informal discussion without rendering a vote. To clarify Mr. Furbush's statement, the Petition was opened for informal discussion only, but was not opened with the intention that the Board would render a Decision at tonight's meeting. The rest of the Board Members agreed to an informal discussion. At the April 25, 2012 Public Hearings, Ms. Jean Bowden of Capizzi Home Improvement represented the Petition and stated that plans call for extension of the existing dining room and kitchen with a small bump out to the side of the pre-existing, non -conforming dwelling. Mr. Furbush said that he did not see any off-street parking on the property when he visited the site. Ms. Bowden said that the Petitioner has a driveway easement with the abutting neighbor to gain access to the subject property. The Board said that • part of the Written Finding includes a determination by the Board that there is adequate parking. After a lengthy discussion, the Board voted unanimously to continue the Petition to allow the Petitioner an opportunity to submit a new certified plot plan showing the driveway and proposed parking. At the continued hearings on June 13, 2012, Mr. Koretz expressed surprise that the Board would require him to provide off-street parking because he has been parking on the street for 18 years without any problems. Mr. Koretz said that his deed shows that he has a driveway easement from an abutting lotto access his property. He argued that the street and cul-de-sac are sufficient in width and length to accommodate all of the on -street parking. He expressed concern that carving a parking area out of his lot could make the extremely sloping topography unstable. The location of the septic system in the front of the lot creates another hardship to install parking on the lot. Mr. Koretz said that the proposal will not encroach into the rear setback requirements and is not any more non -conforming than what currently exists. He said that his family will continue to use the home as they have for the past 18 years; the parking will not increase during the two summer months that the house is occupied; and there will be no additional burden placed on the property. Mr. Koretz asked the Board to consider allowing the proposal without requiring him to provide parking on the subject property. • Mrs. Koretz said the home is only used in the summer and they live in Acton the rest of the year. She said that they don't want to cut down the trees in the driveway easement. 2