04/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 13, 2011 MINUTES • Attorney Finnegan asked the Board to delay making a decision to allow Mr. Slavinsky time to research the original land court plans to ensure compliance. Mr. Sykes said that he has already researched the land court plan and confirmed the accuracy of the plan. He said that the boundaries are the same as the original decree plan and that only the tie lines have changed. Mr. Sykes explained that before Monomoscoy Road was taken by the Town, the properties extended out to the bound. When the Town took the road in 1935, the Town took that part of it. Mr. Sykes said that the stone bound is very old and is in good condition and is in agreement with land court plans. ' He said that the edge of the road is by decree of the taking. Mr. Sykes said that his plan shows the bounds of record - the bounds that land court originally considered when they set the decree. He said that all the other bounds set by unknown individuals are noted on his plan as "FNL" (Found not Located) and are not recognized by land court. Mr. Sykes said that the neighbors moved their fence within the last week, indicating that they are in agreement with the bounds of record. Mr. Nelson apologized for creating any problems as a result of his mistaking part of Monomoscoy Road as lying inside the parcel. He said that lie misinterpreted a contour line as being a travel way line. Mr. Blaisdell made a motion to close the hearing to public testimony on this Petition. He moved to adjourn the Petition until after the other Petitions on the Agenda have been heard, at which time the Board will discuss the Petition further. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Mr. Dorsey voted • yes. Mr. Bonvie voted yes. Vote was unanimous. Mr. Dickinson asked for clarification of the motion. Mr. Dorsey explained that the Board will forward all pertinent documents to Attorney Patrick Costello for legal opinion. The Board will then render a Decision based on Town Counsel's advice. Attorney Brodie thanked the Board for their time and consideration. Mr. Dorsey thanked Mr. Brodie for his patience with the Board. NEW HEARINGS Nancy J. Cleary: Requests a Variance from Section 174-33 of the Zoning By-laws for permission to vary the setback from water and wetlands to allow for construction of a screened porch onto an existing dwelling on property located in an R-3 zoning district at 19 Tide Run (Map 126 Parcel 41) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and John M. Dorsey. Mr. Timothy Luff of Archi-Tech Associates represented the Petition and stated that the house was built in 1994. The proposal calls for an additional 47 square feet with construction of a screened porch onto the existing deck. The Petitioner is seeking Variance relief to allow for • construction of the porch. The existing deck is 18 feet from water and wetlands and the proposal will be 24 feet away at its closest point. Lot coverage will increase from 24.43% to 24.79%. i1