11/17/1999 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Stephen G. &Rona Miller V-99-84 2 Board of Appeals At the November 17, 1999 Public Hearings,the Board voted to continue the hearing until December 8, 1999 to allow the applicants an opportunity to obtain Conservation Commission approval. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 8, 1999, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson, Richard T. Guerrera and Marshall Brem. James E. Regan III stepped down and left the room. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of II Mashpee Zoning By-laws. Mr. Norman Hayes represented the applicants and said that the revised engineering plan was not submitted within the five-day minimum requirement and the Conservation Commission has continued the petition until December 16, 1999. Mr. Hayes submitted revised plans as required by the Conservation Commission, reducing the size of the garage to a 22 x 28-foot building. A coastal dune exists on the southeastern side of the lot. The Conservation Commission has required the proposed garage to be constructed outside the coastal dune, making it necessary for the applicants to seek Variance relief. Mr. Hayes said that a hardship exists because of the coastal resource areas. Mr. Nelson read letters objecting to the proposal signed by several abutters and neighbors. Mr. Greg Taylor, design engineer, attended the meeting. He said that piles with break-away panels would support the garage. He indicated that the 2 x 6-foot breakaway panels could be tied to the house and would serve to stop wave action from scouring back and would not be blowing around the neighborhood. Mr. Hayes stated that lot coverage would be 19.9% and that the proposed garage would be constructed within the footprint of the existing driveway. The Building Commissioner provided guidance on how the proposal would better meet the approval of the Building Department by complying with state and FEMA regulations and code. Ms. Mildred Campbell, a direct abutter, submitted a statement prepared by her lawyer expressing opposition to the project. The statement addressed the fact that the project does not meet the "Required Findings" as defined by the By-laws, concerning topography, soil conditions, hardship and public good. Mr. Sterling expressed concern with breakaway panels being airborne during hurricane-force wind or storm surge and posing a hazard to neighbors. He also said that he was concerned that a fourth bathroom would be installed in the overhead office.