02/23/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DENIAL OF A VARIANCE DECISION Owners, Stewart M. Dobson and Barbara A. Dobson 162 Whippoorwill Circle(Map 125 Parcel 140) Mashpee, MA 02649 V-2022-09 Attorney Kirrane was advised by the builder that he engaged in the services of an engineer to go to the site and give him the parameters for the frame based upon the elevation of the foundation at the time. Subsequently, that same engineer provided certifications as to the height of the building (attached in the written presentation). There was a frame inspection conducted by the Building Inspector and Attorney Kirrane was with him at the inspection. At that time,there was no indication that there was a zoning violation relative to the height of the building. The Building Inspector had raised a couple of issues and concerns raised on the height of the building, but a "stop work order" was never issued on the building, and after the construction of the frame the building was completed. Attorney Kirrane provided photographs of the building that has several roof lines based upon dormers that run front to back on the entire structure. There is also a widow's walk. Attorney Kirrane understands the Board's concerns relative to height relief and explained that to the contractor. There's a problem that the building exceeds the height restriction by 1.8 ft. and the remedy would be the removal of the roof or to seek Variance relief from the Board. Attorney Kirrane does not cast any blame on anyone, but it would have been better if a stop work order had been issued. Attorney Kirrane said that a mounted septic system was installed because that area has an unusually high water table. When the mounted system was installed the grades on that lot may have changed, and that may have contributed to the issue due to the building height.He asked the Board to allow the building to remain rather than to dissemble the complex roof structure. The Board read comments into the record submitted by the Town Engineer and Building Commissioner confirming that the building was over the height restriction under the current Zoning Bylaws. They also read two letters with two different dates that were submitted by Weller & Associates, Professional Land Surveyors that had conflicting measurements that they performed on the dwelling. The current Building Commissioner tried to contact the firm to have a discussion, but the firm did not respond. After discussion, the Board concluded after review of the comments submitted by the Building Commissioner, the Town Engineer, and Town Planner, and the conflicting information submitted by the Professional Land Surveyor regarding the height dimensions of the dwelling,determined that the evidence submitted does not involve the Zoning Board of Appeals. In view of the foregoing, at the Public Hearings dated Wednesday, February 23, 2022,the Board voted unanimously to deny the application for a Variance in the amount of 1.8 ft. to Stewart M. Dobson and Barbara A. Dobson under §174-31 of the Zoning Bylaws to vary the height of a single family residence on property located in an R-3 Zoning District, at 162 Whippoorwill Circle, Map 125 Parcel 140, Mashpee, MA. 2