10/10/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS OCTOBER 10, 2012 MINUTES • Mr. John Slavinsky of Cape & Islands Engineering represented the Petitioner and submitted revised plans for a new three-bedroom dwelling. Existing lot coverage is 22% of the 7,500 square -foot lot. Plans calls for installation of a new septic system. The Board of Health is restricting the proposal to three bedrooms. An existing deck on the southwesterly side is 3 feet from the side setback; proposed deck will be 8.7 feet. An existing deck on the northeasterly side is 12 feet from the sideline; proposed deck will be 15 feet from the sideline. The proposal will be 1.5 feet closer to the wetlands. The Conservation Commission approved the proposal and issued an Order of Conditions on October 3, 2012. Mitigation plantings presented and approved to offset encroachment of proposed deck into the 50' buffer to wetlands and coastal bank. Mr. Bonvie questioned if the site plan includes the side exterior landing railing and the roof in the lot coverage calculations. Mr. Morgan said that steps with a roof should be counted toward lot coverage and setback. Mr. Slavinsky stated that the By-laws allow for overhang of a roof and that steps are an egress. He asked if the Building Commissioner would now be counting stoop, steps, etc. into the lot coverage figures. After a short discussion, the Board requested a revised site plan with the proposed side steps, roof, and overhang included in the lot coverage and setback figures. Mr. Blaisdell made a motion to continue the Petitions until October 24, 2012. Mr. Furbush seconded the motion. Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Ms. Horton, • yes. Mr. Dorsey, yes. Vote was unanimous. Loren B. and John R. Kovalcik: Request a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a pier, ramp and float proposed to extend across a total of more than seventy (70) feet of coastal beach, coastal bank, salt marsh or bordering vegetated wetlands on property located in an R-3 zoning district at 48 Godfrey Road (Map 96 Parcel 104H) Mashpee, MA. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton. Mr. Jeffrey Ryther of BSS Design represented the Petition and stated that the Petitioner recently installed a pool in addition to other renovations to the dwelling. The existing dilapidated, unstable dock will be replaced with a new pier, ramp and float. The proposal is 103 feet from the new part of the dock. The proposed additional 30 feet will allow for access to two feet of water at low tide. The Conservation Commission approved the project at its September 13, 2012 hearing and issued an Order of Conditions on October 9, 2012. The Harbormaster requested for the Order of Conditions to require the home address shall be permanently displayed on the fixed pier and float. Mr. Ryther said that the proposal meets regulations for lateral access over high water for public access underneath; it is the proper distance over marsh; there is proper grading over the marsh to allow for sunlight down into the marsh. toNo comments were received from abutters. 3