10/10/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS OCTOBER 10, 2012 MINUTES . that she also owns the undeveloped abutting lot on the side where the proposed addition will be constructed. Lot coverage will increase from 8.5% to 10.2%. Mrs. Arkuszewski said that the existing fireplace will be removed to allow for the proposal. No bedrooms will be added. There is sufficient parking with the existing circular driveway. Because the subject lot is partially located in Zone Il, the Board of Health is requiring a septic inspection prior to issuance of the building permit. No comments were received from abutters. Mr. Bonvie made a motion to grant a Written Finding. Specific findings: the proposal is not substantially more detrimental than what currently exists due to the following: • The proposal will be an improvement to the home. • The proposal is compatible in size and character with other homes in the neighborhood. • There is sufficient parking. • There are sufficient setbacks as the Board may require. This is conditioned upon compliance with: • Eastbound Land Surveying, Inc. plan entitled: Certified Plot Plan, Arkuszewski Residence, 26 Pinecrest Ave. Mashpee, MA. Date: Aug. 22, 2012. • Capizzi Home Improvement plan entitled: 8-0 Addition and Finished Basement, • Rich and Sue Arkuszewski. Date: 7-12-15, Revisions: 7-20-12, 7-30-12, 8-10-12. • Board of Health septic inspection prior to issuance of the building permit. Ms. Horton seconded the motion: Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Reiffarth, yes. Ms. Horton, yes. Vote was unanimous. Paul Traaiannoaoulos: Requests Modification to Variance V-2010-45 under Section 174-31 of the Zoning By-laws to vary the rear setback requirements by an additional two feet in order to legalize an existing garage addition on property located in an R-5 zoning district at 593 Main Street (Map 20 Parcel 2) Mashpee, MA. Error in siting of foundation was discovered after building was constructed. Not within Conservation jurisdiction. Per the Board of Health: Outstanding fines owed to the Board of Health; fines do not pertain to the Variance request. Sitting: Board Members Jonathan D. Forbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton. Because neither Mr. Tragiannopoulos nor his Attorney was present at 7:25 p.m., the Board took a small recess. After 10 minutes, the Board proceeded with the Petition and asked for abutters comments. Mr. Thomas Wilson, an abutter at 581 Main Street said that the industrial fans in the garage are still being used. He showed the Board a Cease and Desist Order from the Building Department. He said that he and his neighbors have been dealing with this nuisance and zoning violation for over two years. Mr. Morgan . said Town Counsel is dealing with the fan operation and zoning violations. The Building Department has never issued an Occupancy Permit for the garage. 7