07/28/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes July 28, 2010 •The Board repeated to Mr. Buckley the necessity of submitting a certified plan showing pool dimensions and spa and pool equipment locations. Mr. Buckley said that he's aware of the Peltzman's concerns, but that all he is asking for is a five-foot relief from the sideline. He said that the only jurisdiction that the Board has is on the setback. Mr. Reiffarth repeated again that the dimensions of the pool are missing on the certified plan. Mr. Bonvie said that it is important for the Board to. try to protect the neighbor's interests. Mr. Blaisdell said that the Board must cite a specific plan with details. Mr. Buckley offered to handwrite and sign the.plan with the location of the pool equipment. Mr. Nelson said that the Board is looking for "one plan showing everything that is going to be done", including planting of the shrubbery. Mr. Buckley protested to having to submit a certified plan with shrubbery and said that he has "never had that done." Mr. Nelson said that two sheets could be submitted. Mr. Nelson said that the Building Commissioner also has the option of requesting Design Review of the proposal, which will require all of the proposed landscaping to be submitted on the plan. Mr. Reiffarth questioned the `portable spa'. Mr. Buckley said that the spa is not built into the ground and can be moved around the property. He said that those kinds of spas "are usually around 6 x 6 or so or something like that." Mr. Nelson said that the Board will require a revised plan. He advised Mr. Buckley to take the two different plans and ask the Building Commissioner what kinds of details the Building Department would require on the certified plot plan. Mr. Nelson said he is not really interested in the proposed vegetation, but that it does appear on one of the submitted plans. Mr. Reiffarth clarified again that the following details must be shown on the certified plan: pool size, location of the spa and location of the pool equipment, along with proposed landscaping if required by the Building Department. Mr. Nelson made a motion to continue the Petition until August 11, 2010 to allow the Petitioner an opportunity to submit the requested revised plans. Mr. Dorsey seconded the motion. All were in favor. Mashpee Baptist Church: Requests a Finding of Fact under Section 174-17 of the Zoning By-laws for permission to construct an addition to a pre-existing, non -conforming structure on property located in an R-5 zoning district at 27 Great Neck Road North (Map 36 Parcel 6) Mashpee, MA. Sitting: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth and John M. Dorsey and Associate Board Member Ronald S. Bonvie. Mr. Paul Ferazzi, contractor for the.project, and Attorney Steven Tessier represented the Petition. Pastor Curtis Frye, Jr. and Mr. Robert McManus were also present. The Board reviewed the plans. Mr. Nelson stated that the proposed addition is actually 5.3" further away from the street than the existing structure. He also said that the 23 x 30 -foot addition is not going to create any problem nor is it more detrimental than what currently exists. Attorney Tessier said that the Church also owns Parcel B, formerly Collins Road, but the two parcels have not been merged. He also said that the pre-existing non -conforming structure does not conform to current zoning as to use and to setbacks. No comments were received from abutters. 5