07/25/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 25, 2012 • Representing another Petition at the meeting and with no personal interest in this proposal, Engineer Michael Borselli said that he works with the same issues. He said that, in his experience, the coastal bank is not, a wetland. He said, however, it is a wetland resource in which Conservation is interested. Mr. Reiffarth said that the coastal bank is above the wetland and the wetland goes to the edge of the coastal bank. Mr. Borselli agreed and added that it is not usually considered part of the lot coverage. Building Commissioner Richard E. Morgan asked if the patio was included in the lot coverage figures. He said that if a patio "is above the ground, above natural grade, it goes into the figures of the square footage". Mr. Luff said that the patio was not included because it was at grade. Attorney Kirrane asked if that was an amendment to the By-law and said that this is not how patios have been viewed in the past. Mr. Reiffarth said that he was also told that a patio is not part of the structure and shouldn't be included in lot coverage. Mr. Bonvie read the definition of a structure described in Article II of the By- laws: "A combination of materials assembled at a fixed location to give support for structure such as building, tower, framework, platform, bin, sign or the like." Mr. Morgan reiterated his interpretation of .what should be included in lot coverage calculations. A letter from abutter Paul Morgenstern at 189 Waterway was read into the record: My concerns regarding these Petitions are: 1. Written Finding. In my opinion, the proposed plans constitute a substantially more detrimental situation because it does not comply • with front setbacks, side setbacks and wetland setbacks. The new house is more than twice the size of the existing building thereby greatly aggravating the existing non- conformance. 2. Variance. The proposed new building will more than double the lot. coverage from 15.6% to 32.5%. The new house should not exceed the existing lot coverage of 15.6%. • After a lengthy discussion, the Board decided to request Town Counsel opinion on how to calculate upland/wetland/lot coverage. Mr. Blaisdell made a motion to continue the Petition to August 8, 2012. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Bonvie, yes. Mr. Blaisdell, yes. Mr. Furbush, yes. Vote was unanimous. Peter Dobyns and Tanya C. Davos: Request a Written Finding under Section 174-17 of the Zoning By-laws and under M.G.L. Chapter 40A Section 6 regarding changes, extensions or alterations of a pre-existing, non -conforming structure to allow for changes which will include renovation of a first floor, removal of a roof structure and construction of a second story onto a dwelling on property located in an R-5 zoning district at 30 Bakers Road (Map 20 Parcel 5) Mashpee,_MA. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton. 3