12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 14, 2011 MINUTES • Building Commissioner Richard E. Morgan questioned the height of the proposal including the cupola. Mr. Luff referred to the cupola as a `widow's walk' and that "it is allowed to go above the 30 feet, if it's less than 100 square feet". Mr. Nelson said that his definition of a widow's walk is a railed rooftop platform surrounding an area of a building. He and Mr. Bonvie expressed concern with objections from abutters about obstructed views. Attorney Kirrane said that the structure on the top floor is not habitable and is just an "oversized cupola" that provides lighting. Mr. Luff said that access to the cupola has to meet fire safety requirements. Mr. Nelson said that the cupola could be eliminated if it is only for aesthetic reasons. Mr. Reiffarth commented that a 9x9 -foot cupola is quite large and suggested installation of a skylight. Mr. Furbush asked if the area could eventually be turned into a sitting area. Mr. Luff suggested creating a two- story shafted space. Environmental Landscape Consultant Michael Talbot addressed the Board with the landscaping details. The Popponesset Beach Association granted the Petitioner permission to restore a large portion of the dune area to native habitat. He said that the Conservation Commission was very impressed with the planned removal of invasive plants and extensive dune nourishment with native plantings. He said that the mitigating area is four times larger than what the Conservation Commission required. Mr. Talbot said that the sensitive resource areas constrain the re -development of the lot. Mr. Nelson suggested that the Board require installation of a temporary snow fence to protect the dune area. Mr. Talbot said that the silt fence and hay bale line would be landward of the • dune line. No building or landscaping activity will be allowed to encroach onto the dune. Mr. Reiffarth questioned why the location of the hay bale line is not shown on the plan. Mr. Slavinsky said the small 6,500 square -foot lot consists of 1,100 square feet of dune area. The existing deck will be replaced with a patio, decreasing the lot coverage from 24.1% to 21.7%. Attorney Kirrane said that the proposal is smaller than the existing footprint and will be further away from the abutter at 54 Kim Path. To Mr. Furbush's question about drainage problems in that area, Mr. Slavinsky said that dry wells will be installed on the property. Mr. Nelson questioned Mr. Slavinsky about a discrepancy in the plans and the proposed front setback calculations. Mr. Nelson opened the discussion to audience comments. Mr. Michael Kelley at 49 Kim Path expressed his opposition to the Petition. He admitted that other homes on the street do not meet the front setback requirements, but said they are not as close to the street as this proposal will be. He said that the request for the front setback Variance is "exorbitant" and "excessive". The Board suggested that the engineer could use the average setback rule by determining • the front setback of the other homes on the street. Attorney Kirrane suggested saving the Petitioner engineering and surveying costs by moving the house back a couple of feet. Mr. Morgan confirmed that setbacks in the Popponesset Overlay are 25 feet in the front, M