04/28/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Minutes Board of Appeals April 28, 2010 Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, John M. Dorsey, Peter • Hinden. Mr. Che Franklin represented the Petitioner. His mother Vicky Franklin was also present. He said that the Petitioner is looking for approval to construct an accessory apartment to the existing home. Mr. Nelson said that Design/Plan Review spent a considerable amount of time discussing this proposal. He said that the Assistant Building Inspector, Charles Maintanis, requested verification of the 60/40% lot coverage on the apartment. Mr. Franklin said that he did contact Mr. Maintanis. He said that he has been unable to obtain revised plans from his architect. Mr. Nelson read the letter from Mr. Maintanis which reads: "I have reviewed the comments from the Design/Plan review meeting regarding this property and feel that there are still unresolved issues regarding lot coverage and the square foot calculations of the existing dwelling and the proposed inlaw apartment. The site plan shows over 20% lot coverage and areas that are to be removed in order to come into compliance. Also need an exact square foot calculation on existing living area and of the proposed apartment. Maximum allowable is 40% of existing living space. Need to clarify before Building permit could be issued. " Mr. Nelson asked if the Petitioner installed the swimming pool with all the decking. Mrs. Franklin said that she had. Mr. Nelson said that the swimming pool is in violation of the Zoning By-laws because it encroaches on the 25 -feet rear setback. He said that the • wooden deck between the pool and the rear property line is also in violation and the Petitioner needs to obtain a permit. Mr. Nelson said that the Petitioner was informed of these issues at the Design/Plan Review meeting and was told to resolve the violations. Mr. Franklin agreed that he had been informed. • Mr. Nelson said the plans do not clarify where decks will be removed or will remain. He said that the deck around the pool is in violation of the By-laws. Mr. Nelson stated that replacing the deck around the pool with patios would eliminate the By-law violation. Building Commissioner Richard Stevens said that he would have to conduct research to determine if the proper permits exist for the structures. Mr. Franklin said that the Zoning By-laws were different in 1983 and 1984, when the dwelling and structures were built. Mr. Stevens said that the Zoning By-laws have changed and a Variance would be required. Mr. Nelson said that the plan is cluttered and difficult to read. Mr. Furbush reiterated that the plan must show exact figures of the existing lot coverage, dimensions of the existing dwelling and decks, as well as the proposed construction. Mr. Franklin said that the decks would be removed, except for the top deck which is currently being used as an egress. The Board advised Mr. Franklin to file a Petition for a Variance and to return with revised, organized plans. The Board voted unanimously to continue the Petition for a Special Permit until May 26, 2010. G